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Subchapter 001: REGULATED DRUGS
§ 4201. Definitions
As used in this chapter:
“Professional board” means:
(A) in the case of a dentist, the State Board of Dental Examiners so designated under
26 V.S.A. chapter 12;
(B) in the case of a physician or surgeon, the State Board of Medical Practice so designated
under 26 V.S.A. chapter 23;
(C) in the case of an osteopath, the State Board of Osteopathic Examination and Registration
so designated under 26 V.S.A. chapter 33;
(D) in the case of a nurse, the Vermont State Board of Nursing so designated under 26 V.S.A. chapter 28;
(E) in the case of a pharmacist or pharmacy, the State Board of Pharmacy so designated
under 26 V.S.A. chapter 36;
(F) in the case of a veterinarian, the State Veterinary Board so designated under 26 V.S.A. chapter 44;
(G) in the case of a hospital, laboratory, or nursing home, the Commissioner of Health
so designated under chapter 3 of this title.
(2) [Repealed.]
(3) “Board of Pharmacy” means the State Board of Pharmacy so designated under 26 V.S.A. chapter 36.
(4) “Certificate” means a certificate of approval issued to a hospital, laboratory, or
nursing home under section 4207 of this title.
(5) “Dentist” means a person authorized by law to practice dentistry in this State and
who has a license issued to the person under this chapter authorizing him or her to
use regulated drugs in connection with his or her professional practice.
(6) “Depressant or stimulant drug” means:
(A) any drug that contains any quantity of barbituric acid or any of the salts of barbituric
acid, or any derivative of barbituric acid, that is designated as habit-forming because
of its effect on the central nervous system in the rules adopted by the Department
of Health under section 4202 of this title;
(B) any drug, other than methamphetamine, that contains any quantity of amphetamine or
any of its optical isomers, any salt or amphetamine or any salt of an optical isomer
of amphetamine, that the Department of Health so designates by such rule as habit-forming
because of its effect on the central nervous system;
(C) gamma hydroxybutyric acid, including its salts, isomers, or salts of isomers;
(D) gamma butyrolactone, including 4-butyrolactone and gamma hydroxybutyric acid lactone,
including its salts, isomers, or salts of isomers, when packaged, marketed, manufactured,
or intended for human consumption;
(E) ketamine, including its salts, isomers, or salts of isomers;
(F) flunitrazepam, including its salts, isomers, or salts of isomers; and
(G) any drug, other than methamphetamine, that contains any quantity of a substance that
the Department of Health so designates by such rule as having a serious potential
for abuse arising out of its effect on the central nervous system.
(7) “Dispense” includes distribute, leave with, give away, dispose of, or deliver.
(8) “Exempt officials” includes officials of the United States, insular possessions, territories,
the District of Columbia, state, and political subdivisions.
(9) “Federal drug laws” means the laws of the United States relating to one or more of
those drugs which are defined in this chapter as regulated drugs.
(10) “Hallucinogenic drugs” means stramonium, mescaline or peyote, lysergic acid diethylamide,
and psilocybin, and all synthetic equivalents of chemicals contained in resinous extractives
of Cannabis sativa, or any salts or derivatives or compounds of any preparations or
mixtures thereof, and any other substance that is designated as habit-forming or as
having a serious potential for abuse arising out of its effect on the central nervous
system or its hallucinogenic effect in the rules adopted by the Department of Health
under section 4202 of this title.
(11) “Hospital” means an institution for the care and treatment of the sick and injured
licensed as a hospital under chapter 43 of this title and a hospital conducted, maintained,
and operated by the United States or the State of Vermont, approved under this chapter
as proper to be entrusted with the custody and use of regulated drugs under the direction
of a physician or dentist, confirmed by an official written order signed by a person
authorized to prescribe such drugs.
(12) “Laboratory” means a laboratory approved under this chapter as proper to be entrusted
with the custody and use of regulated drugs for scientific and medical purposes and
for purposes of instruction.
(13) “License” means a license to practice their profession issued to one of those persons
listed in subdivisions (1)(A) through (F) of this section by the person’s respective
professional board under the applicable laws of this State, or a license issued by
the Department of Health under section 4206 of this title to a person not subject to the jurisdiction of any such professional board.
(14) “Manufacturer” means a person authorized by law to manufacture, bottle, or pack drugs
in this State and who has a license issued to the person under this chapter to compound,
mix, cultivate, produce, or prepare regulated drugs, but does not include a pharmacy
that compounds such drugs to be sold or dispensed on prescriptions at retail.
(15)(A) “Cannabis” means all parts of the plant Cannabis sativa L., except as provided by
subdivision (B) of this subdivision (15), whether growing or harvested, and includes:
(i) the seeds of the plant;
(ii) the resin extracted from any part of the plant; and
(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or resin.
(B) “Cannabis” does not include:
(i) the mature stalks of the plant and fiber produced from the stalks;
(ii) oil or cake made from the seeds of the plant;
(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks, fiber, oil, or cake;
(iv) the sterilized seed of the plant that is incapable of germination; or
(v) hemp or hemp products, as defined in 6 V.S.A. § 562.
(16) “Narcotic,” “narcotics,” or “narcotic drugs” means opium, coca leaves, pethidine (isonipecaine,
meperidine), and opiates or their compound, manufacture, salt, alkaloid, or derivative,
and every substance neither chemically nor physically distinguishable from them, and
preparations containing such drugs or their derivatives, by whatever trade name identified
and whether produced directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis, as the same are so designated in the rules adopted by the
Department of Health under section 4202 of this title.
(17) “Nurse” means any person authorized by law to practice nursing in this State.
(18) “Nursing home” means a facility, other than a hospital, operated for the purpose of
providing lodging, board, and nursing care to persons who are sick, have an infirmity
or disability, or are convalescing, approved under this chapter as proper to be entrusted
with the custody and use of regulated drugs prescribed for such individual patients
under its care under the direction of a physician or dentist, confirmed by an official
written order signed by a person authorized to prescribe such drugs. No nursing home
shall be granted a certificate of approval for the possession and use of such drugs
unless such nursing home has a registered nurse or a licensed practical nurse on duty
or on call 24 hours daily who will have sole responsibility for those drugs. Nothing
in this chapter shall be construed as conferring on any nursing home, convalescent
home, or home for the aged any authority, right, or privilege beyond that granted
to it by the law under which it is licensed or otherwise authorized to function.
(19) “Official written order” means an order written on a form prescribed for that purpose
by the U.S. Commissioner of Narcotics and issued by the U.S. Commissioner of Internal
Revenue, under any laws of the United States making provision therefor, if such order
forms are authorized and required by federal law, and if no such order form is provided,
then on an official form provided for that purpose by the Commissioner of Health.
(20) “Person” includes an individual, partnership, corporation, association, trust, or
other institution or entity.
(21) “Pharmacist” means any person authorized by law to practice pharmacy in this State;
but nothing in this chapter shall be construed as conferring on a person any authority,
right, or privilege that is not granted to him or her by the pharmacy laws of his
or her state.
(22) “Pharmacy” means any place registered as such by the Board of Pharmacy in which drugs,
prescriptions, or poisons are possessed for the purpose of compounding, dispensing,
or retailing, or in which drugs, prescriptions, or poisons are compounded, dispensed,
or retailed, or in which such drugs, prescriptions, or poisons are by advertising
or otherwise offered for sale at retail and which has a license issued to it under
this chapter authorizing the retail dealing of regulated drugs.
(23) “Physician” means a person authorized by law to practice medicine in this State and
who has a license issued to the person under this chapter authorizing him or her to
use regulated drugs in connection with his or her professional practice.
(24) “Practitioner” includes a physician, dentist, veterinarian, surgeon, or any other
person who may be lawfully entitled under this chapter to distribute, dispense, prescribe,
or administer regulated drugs to patients.
(25) “Prescribe” means an order for a patient made or given by a practitioner.
(26) “Prescription” means an order for a regulated drug made by a physician, physician
assistant, advanced practice registered nurse, dentist, or veterinarian licensed under
this chapter to prescribe such a drug which shall be in writing except as otherwise
specified in this subdivision. Prescriptions for such drugs shall be made to the order
of an individual patient, dated as of the day of issue and signed by the prescriber.
The prescription shall bear the full name, address, and date of birth of the patient,
or if the patient is an animal, the name and address of the owner of the animal and
the species of the animal. Such prescription shall also bear the full name, address,
and registry number of the prescriber and, unless electronically prescribed, shall
be written with ink, indelible pencil, or typewriter; if typewritten, it shall be
signed by the prescriber. A written or typewritten prescription for a controlled substance,
as defined in 21 C.F.R. Part 1308, shall contain the quantity of the drug written both in numeric and word form. If
a prescription is communicated orally, it shall be reduced promptly to writing by
the pharmacist. Nothing in this subdivision is meant to authorize the oral communication
of a prescription when a written prescription is otherwise required.
(27) “Registration” means the annual registration of licenses and certificates under this
chapter.
(28) “Registry number” means the number assigned under rules adopted by the Department
of Health to each person authorized under this chapter to use, prescribe, dispense,
possess, or administer a regulated drug in connection with his or her professional
practice.
(29) “Regulated drug” means:
(A) a narcotic drug;
(B) a depressant or stimulant drug, other than methamphetamine;
(C) a hallucinogenic drug;
(D) Ecstasy;
(E) cannabis;
(F) methamphetamine; or
(G) xylazine.
(30) “Sale” means transfer for a consideration or barter or exchange or an offer or express
or implied promise to transfer for a consideration or barter or exchange, and each
such transaction made by any person, whether as principal, proprietor, agent, servant,
or employee.
(31) “Veterinarian” means a person authorized by law to practice veterinary medicine in
this State and who has a license issued to the person under this chapter authorizing
him or her to use regulated drugs in connection with his or her professional practice.
(32) “Veterinary hospital” means an institution equipped with the technical facilities
and professional and technical personnel necessary for diagnosis and treatment of
animals suffering from sickness or injury and which hospital is further approved under
this chapter as proper to be entrusted with the custody and use of regulated drugs
which may be used only by veterinarians in their professional practice at that hospital.
(33) “Wholesaler” means a person authorized by law, when so required, to sell at wholesale
drugs in this State and further has a license issued to the person under this chapter
to supply others than consumers with drugs or preparations containing a regulated
drug that the person has not produced or prepared.
(34) “Deliver” means the actual, constructive, or attempted transfer or prescription of
a regulated drug, whether or not there exists an agency relationship.
(35) “Cocaine” means coca leaves except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine,
its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives,
their salts, isomers, and salts of isomers; or any compound, mixture, or preparation
which contains any quantity of any of the substances referred to in this subdivision.
(36) “Heroin” includes every substance not chemically or physically distinguishable from
it and preparations containing heroin or its derivatives, by whatever name identified
and whether produced directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis, as designated by the Department of Health by rule.
(37) “Lysergic acid diethylamide” includes any salts or derivatives or compounds of any
preparations or mixtures of lysergic acid diethylamide or any preparation, mixture,
or compound containing any lysergic acid diethylamide.
(38) “Ecstasy” means 3,4-methylenedioxymethamphetamine, including its salts, isomers, or
salts of isomers.
(39) “Methamphetamine” includes any quantity of the substance, its salt, isomers, salts
of isomers, optical isomers, and salts of its optical isomers.
(40) [Repealed.]
(41) “Prescription drug” means any human drug required by federal law or regulation to
be dispensed only by a prescription, including finished dosage forms and active ingredients
subject to Section 503(b) of the federal Food, Drug and Cosmetic Act.
(42) “Ultimate user” means a patient who uses a prescription drug.
(43) “Immature cannabis plant” means a female cannabis plant that has not flowered and
that does not have buds that may be observed by visual examination.
(44) “Mature cannabis plant” means a female cannabis plant that has flowered and that has
buds that may be observed by visual examination.
(45) “Approved drug-checking service provider” means a provider who complies with operating
guidelines developed by the Department of Health pursuant to section 4240a of this title.
(46) “Benchmark unlawful dosage” means the maximum recommended therapeutic dose, or maximum
daily dose, as determined by the Department by rule.
(47) “Drug-checking” means the testing of a substance to determine its chemical composition
or assist in determining whether the substance contains contaminants, toxic substances,
or hazardous compounds.
(48) “Fentanyl” means any quantity of fentanyl, including any compound, mixture, or preparation
including salts, isomers, or salts of isomers containing fentanyl. “Fentanyl” also
means fentanyl-related substances as defined in rules adopted by the Department of
Health pursuant to section 4202 of this title.
(49) “Xylazine” means any compound, mixture, or preparation including salts, isomers, or
salts of isomers containing N-(2,6- dimethylphenyl)-5,6-dihydro-4H-1,3-thiazin-2-amine. (Added 1967, No. 343 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 10, § 1, eff. 30 days from March 10, 1975; 1989, No. 100, §§ 10, 11; 2001, No. 52, § 2; 2003, No. 54, § 3; 2011, No. 27, § 1; 2013, No. 75, § 2; 2013, No. 84, § 2, eff. June 10, 2013; 2013, No. 96 (Adj. Sess.), § 97; 2013, No. 138 (Adj. Sess.), § 9; 2017, No. 86 (Adj. Sess.), § 2; 2017, No. 113 (Adj. Sess.), § 75; 2023, No. 53, § 101, eff. June 8, 2023; 2023, No. 22, § 11, eff. May 25, 2023; 2023, No. 161 (Adj. Sess.), § 56, eff. June 6, 2024; 2023, No. 125 (Adj. Sess.), § 13, eff. July 1, 2024.)
§ 4202. Powers and duties of the Department of Health
(a) The Department of Health is authorized and empowered to adopt such rules that in
its judgment may be necessary or proper to supplement the provisions of this chapter
to effectuate the purposes and intent thereof or to clarify its provisions so as to
provide the procedure or details to secure effective and proper enforcement of its
provisions.
(b) These rules and determinations, when adopted, shall, until modified or rescinded,
have the force and effect of law.
(c) The Commissioner of Health and any representative specifically authorized by the Commissioner
shall have the power to administer oaths, compel the attendance of witnesses and the
production of books, papers, and records, and to take proof and testimony concerning
all matters with which this chapter is concerned.
(d) The rules adopted by the Department of Health under section 4201 of this title for the purpose of determining those drugs defined under that section may be adopted
only after prior written notice to the Board of Pharmacy and the Board of Medical
Practice and after the Board of Pharmacy and the Board of Medical Practice have had
an opportunity to advise the Commissioner of Health with respect to the form and substance
of those rules or amendments and to recommend revisions thereof. (Added 1967, No. 343 (Adj. Sess.), § 2, eff. March 23, 1968; amended 1971, No. 14, § 24, eff. March 11, 1971; 2013, No. 75, § 2a, eff. June 5, 2013; 2017, No. 113 (Adj. Sess.), § 76; 2023, No. 53, § 102, eff. June 8, 2023.)
§ 4203. Persons exempted
The provisions of this chapter, restricting the possession and control of regulated
drugs, shall not apply to common carriers or to warehousemen while engaged solely
in lawfully transporting or storing such drugs while in their original containers,
nor to any employee of the same acting within the scope of his or her employment,
nor to public officers or their employees in the performance of their official duties
requiring possession or control of regulated drugs, nor to temporary incidental possession
by employees or agents of persons lawfully entitled to possession, including a medical
or dental assistant, nurse, intern, resident, and a member of a patient’s family dispensing
or administering regulated drugs under a licensed physician’s or dentist’s orders,
nor by authorized persons whose possession is for the purpose of aiding public officers
in performing their official duties. (Added 1967, No. 343 (Adj. Sess.), § 3, eff. March 23, 1968.)
§ 4204. Preparations excepted
(a) The Department of Health may provide, by rule, for the exception from all provisions
of this chapter, except as provided in section 4223 of this title, of the administration, dispensation, or sale at retail of a medicinal preparation
containing such amounts of one or more regulated drugs that the Department considers
not subject to abuse.
(b) The exemption authorized by this section shall be subject to the condition that the
medicinal preparation administered, dispensed, or sold, shall contain, in addition
to the regulated drug in it, some drug or drugs conferring upon it medicinal qualities
other than those possessed by the regulated drug alone, and that such preparation
shall be administered, dispensed, and sold in good faith as a medicine, and not for
the purpose of evading the provisions of this chapter. (Added 1967, No. 343 (Adj. Sess.), § 4, eff. March 23, 1968; amended 2017, No. 113 (Adj. Sess.), § 77; 2023, No. 53, § 103, eff. June 8, 2023.)
§ 4205. Acts prohibited
It shall be unlawful for any person to manufacture, possess, have under his or her
control, sell, prescribe, administer, dispense, or compound any regulated drug, except
as authorized in this chapter. (Added 1967, No. 343 (Adj. Sess.), § 5, eff. March 23, 1968.)
§ 4206. Licenses
(a) No person shall manufacture, compound, mix, cultivate, grow, or by any other process
produce, prepare, prescribe, dispense, or compound any regulated drug, and no person
as a wholesaler, manufacturer, pharmacist, or pharmacy shall possess or supply the
same, without having first obtained a license from the respective professional board
having jurisdiction over that person as so designated in subdivision 4201(1) of this title, or, in the event no professional board has such jurisdiction over a person, from
the Department of Health under terms adopted by the Commissioner corresponding to
those respecting professional licenses.
(b) The sales of regulated drugs by manufacturers or wholesalers to persons in this State
are restricted to those persons qualified by law to possess the same in connection
with a business or profession defined in this chapter. Such sales shall be made only
to those persons presenting to the vendor or his or her representative proof in writing
that the vendee is authorized under this chapter to possess, use, dispense, sell,
compound, or administer that regulated drug.
(c) The ultimate user of a prescription drug who has lawfully obtained such prescription
drug or other persons authorized by federal law may deliver, without being registered
pursuant to 26 V.S.A. § 2061, the prescription drug to another person for the purpose of disposal of the prescription
drug if the person receiving the prescription drug for purposes of disposal is authorized
under a state or federal law or regulation to engage in such activity. (Added 1967, No. 343 (Adj. Sess.), § 6, eff. March 23, 1968; amended 2011, No. 27, § 2; 2023, No. 53, § 104, eff. June 8, 2023.)
§ 4207. Certificates of approval
(a) No hospital, laboratory, or nursing home, or any other person not provided for under
section 4206 of this title, shall possess, administer, compound, use, or supply any regulated drug without having
first obtained a certificate of approval from the Department of Health.
(b) The certificate of approval issued by the Department of Health in accordance with
this section shall be effective only for the person and address and the type of regulated
drug designated therein and shall be conspicuously displayed at the indicated place
of business.
(c) The fee for a certificate of approval shall be $1.00, and for each renewal thereof,
$1.00.
(d) Persons to whom certificates of approval have been issued shall thereafter apply annually
to renew that certificate with the Department of Health. Application for renewal shall
be made July 1 of each year. Failure to apply for renewal within 30 days after such
date will subject the applicant to a penalty of $25.00 in addition to the renewal
fee, to be collected by the Department upon any subsequent application for renewal.
(e) The State and a municipal corporation therein shall be exempted from payment of the
fees required by this section. (Added 1967, No. 343 (Adj. Sess.), § 7, eff. March 23, 1968; amended 2023, No. 53, § 105, eff. June 8, 2023.)
§ 4208. Qualifications for issuance of licenses and certificates
Notwithstanding or in addition to any other provision of law, no license or certificate
of approval shall be issued unless and until the applicant therefor has furnished
proof satisfactory to the respective board or to the Department of Health in the exercise
of its discretion:
(1) that the applicant is of good moral character or, if the applicant be an association
or corporation, that the managing officers are of good moral character, and does not
or do not use a regulated drug without medical justification;
(2) that the applicant possesses the means to carry on properly the business or profession
described in his or her, or its application;
(3) in the case of an applicant for a certificate of approval, that the applicant is licensed
under the applicable laws of this State, if any, to carry on within this State the
business or profession described in his, her, or its application; and
(4) that the applicant or any of its managing officers has never been convicted of a violation
of any of the criminal provisions of this chapter, or of a similar law of another
state, or of the federal drug laws. (Added 1967, No. 343 (Adj. Sess.), § 8, eff. March 23, 1968; amended 2023, No. 53, § 106, eff. June 8, 2023.)
§ 4209. Supervision, revocation, and reinstatement of licenses and certificates
(a) A board or the Department of Health may, after notice and opportunity for hearing,
revoke or suspend for a period of time or amend the terms of any license or certificate
issued by that board or the Department of Health under section 4207 of this title or under any provision of the laws of this State in the event that any one of the
qualifications for issuance of a license or certificate listed in section 4208 of this title were at the time of such issuance or are subsequently thereto not met by the holder
thereof or in the event that it is shown to that board’s or the Department of Health’s
satisfaction that the holder or the holder’s employee or agent has violated any of
the provisions of this chapter.
(b) Notwithstanding the foregoing, a board or the Department of Health may, upon application
of such person, at any time, after notice and opportunity for hearing, and upon good
cause shown satisfactory to that board or the Department of Health in the exercise
of its discretion, reinstate the license or certificate of a person previously suspended
or revoked by that board or the Department of Health under subsection (a) of this
section. (Added 1967, No. 343 (Adj. Sess.), § 9, eff. March 23, 1968; amended 2023, No. 53, § 107, eff. June 8, 2023.)
§ 4210. Authorized sales on written orders, records
(a) Every physician, dentist, veterinarian, or other person who is licensed to administer,
sell, dispense, or professionally use regulated drugs shall keep a record of such
drugs received by him or her and a record of all such drugs administered, dispensed,
or professionally used by him or her otherwise than by prescription, in accordance
with subsection (d) of this section. It shall, however, be deemed a sufficient compliance
with this subsection if any such person using small quantities of solutions or other
preparations of such drugs for local application shall keep a record of the quantity,
character, and potency of such solutions or other preparations purchased or made up
by him or her, and of the dates when purchased or made up, without keeping a record
of the amount of such solution or other preparation applied by him or her to individual
patients.
(b) Manufacturers and wholesalers shall keep records of all regulated drugs compounded,
mixed, cultivated, grown, or by any other process produced or prepared, and of all
such drugs received and disposed of by them in accordance with the provisions of subsection
(d) of this section.
(c) Every person who purchases for resale, or who sells preparations or regulated drugs
exempted by regulation adopted under section 4204 of this title, shall keep a record showing the quantities and kinds thereof received and sold,
or disposed of otherwise, in accordance with the provisions of subsection (d) of this
section.
(d) The form and content of the records to be maintained under this section shall be prescribed
by rule adopted by the Department of Health, after prior written notice to the Board
of Pharmacy and after the Board of Pharmacy has had an opportunity to advise the Department
of Health with respect to the form and substance of that rule and to recommend revisions
thereof. The record of regulated drugs received shall in every case show the date
of receipt, the name and address of the person from whom received, and the kind and
quantity of drugs received, the kind and quantity of such drugs produced or removed
from process of manufacture, and the date of such production or removal from process
of manufacturer, and such other facts as the Department of Health may require. The
record of all such drugs sold, administered, dispensed, or otherwise disposed of shall
show the date of selling, administering, or dispensing, the name and address of the
person to whom, or for whose use, or the owner and species of animal for which the
drugs were sold, administered, or dispensed, and the kind and quantity of drugs and
shall be signed by the person giving such order or the person’s duly authorized agent.
Every such record shall be kept for a period of three years from the date of the transaction
recorded, and shall be subject to inspection by a federal officer or an officer of
this State or an agent thereof specifically authorized engaged in the enforcement
of the federal drug laws or of this chapter. The keeping of a record required by or
under the federal drug laws, containing substantially the same information as is specified
above, shall constitute compliance with this section, except that every such record
shall contain a detailed list of such drugs lost, destroyed, or stolen, if any, the
kind and quantity of such drugs, and the date of the discovery of such loss, destruction,
or theft. (Added 1967, No. 343 (Adj. Sess.), § 10, eff. March 23, 1968; amended 2023, No. 53, § 108, eff. June 8, 2023.)
§ 4211. Records confidential
Prescriptions, orders, and records required by this chapter, and stocks of regulated
drugs, shall be open for inspection only to federal or State officers or their specifically
authorized agent whose duty it is to enforce the federal drug laws or this chapter;
authorized agents of professional licensing board, as that term is defined under 3
V.S.A. chapter 5, or the Department of Health; or authorized agents of the Board of
Medical Practice. No person having knowledge by virtue of the person’s office of any
such prescription, order, or record shall divulge such knowledge, except in connection
with a prosecution, or proceeding before the Department of Health, Board of Pharmacy,
Board of Medical Practice, or another licensing or registration board, to which prosecution
or proceeding the person to whom such prescriptions, orders, or records relate is
a party. (Added 1967, No. 343 (Adj. Sess.), § 11, eff. March 23, 1968; amended 1991, No. 167 (Adj. Sess.), § 65; 2019, No. 126 (Adj. Sess.), § 6; 2023, No. 53, § 109, eff. June 8, 2023.)
§ 4212. Labels
(a) Whenever a manufacturer sells or dispenses a regulated drug and whenever a wholesaler
sells or dispenses a regulated drug in a package prepared by him or her, he or she
shall securely affix to each package in which that drug is contained a label showing
in legible English the name and address of the vendor and the quantity, kind, and
form of regulated drug contained therein. No person, except a pharmacist or dispensing
physician for the purpose of filling a prescription under this chapter, shall alter,
deface, or remove any label so affixed.
(b) Whenever a pharmacist or an employee of a hospital, infirmary, school, first aid station,
or nursing home sells or dispenses any regulated drug, he or she shall affix to the
container in which such drug is sold or dispensed a label showing his or her own name,
address, and registry number, or the name, address, and registry number of the pharmacist
or hospital or nursing home for whom he or she is lawfully acting, the name and address
of the patient, or if the patient is an animal the name and address of the owner of
the animal and the species of the animal, the name, address and registry number of
the physician, dentist, or veterinarian by whom the prescription was written, the
kind and form of the drug contained therein unless the practitioner has specifically
ordered in that prescription that such information not be specified on the label,
such directions as may be stated on the prescription, and the date of the issuance
of the prescription. No person shall alter, deface, or remove any label so affixed.
This subsection shall not apply to regulated drugs sold or dispensed for use exclusively
within a hospital.
(c) Physicians, dentists, or veterinarians dispensing regulated drugs shall affix to the
container a label showing the dispensing practitioner’s name, address, and registry
number, the name and address of the patient, or if the patient is an animal the name
and address of the owner of the animal and the species of the animal, the kind and
form of the drug contained therein unless the dispensing practitioner considers that
such information should not be so specified for medical reasons, such directions necessary
for use, and the date of the issuance of the prescription and the dispensing of the
drug. This subsection shall not apply to an amount of regulated drugs equivalent to
three days’ dosage dispensed to a patient for his or her immediate use without charge
by a physician on house call. (Added 1967, No. 343 (Adj. Sess.), § 12, eff. March 23, 1968.)
§ 4213. Authorized sales of regulated drugs
(a) A duly licensed manufacturer or wholesaler may sell and dispense regulated drugs to
any of the following persons, but only on official written orders:
(1) To a manufacturer, wholesaler, or pharmacy.
(2) To a physician, dentist, or veterinarian, except that an official written order shall
not be required when regulated drugs are provided in person by a representative of
a duly licensed manufacturer or wholesaler in quantities as samples for which there
is no charge, either direct or indirect, and do not exceed ten times the manufacturer’s
recommended maximum individual dose and are clearly marked “Sample” or “Not For Sale”
on each individual tablet or capsule.
(3) To a person in charge of a hospital having in effect a certificate of approval but
only for use by or in that hospital for scientific or medical purposes.
(4) To a person in charge of a laboratory having in effect a certificate of approval but
only for use in that laboratory for scientific or medical purposes.
(b) A duly licensed manufacturer or wholesaler may sell regulated drugs to any of the
following persons:
(1) On an official written order, accompanied by a certificate of exemption, as and if
required by the federal drug laws, and in compliance with rules adopted by the Department
of Health to a person in the employ of the government of the United States or of any
state, territory, district, county, municipality, or insular government, purchasing,
receiving, possessing, or dispensing regulated drugs by reason of the person’s official
duties.
(2) To a master of a ship or a person in charge of any aircraft upon which no physician
is regularly employed or to a physician or surgeon duly licensed in some state, territory,
or the District of Columbia to practice his or her profession, or to a retired commissioned
medical officer of the U.S. Army, Navy, or Public Health Service employed upon such
ship or aircraft, for the actual medical needs of persons on board such ship or aircraft,
when not in port. However, such regulated drugs shall be sold to the master of such
ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned
medical officer of the U.S. Army, Navy, or Public Health Service employed upon such
ship or aircraft only in pursuance of an order form approved by a commissioned medical
officer or acting assistant surgeon of the U.S. Public Health Service.
(3) To a person in a foreign country if the provisions of the federal drug laws and the
rules adopted by the Department of Health are complied with.
(c) An official written order for any regulated drug shall be signed in triplicate by
the person giving such order or by his or her duly authorized agent. The original
shall be presented to the person who sells or dispenses the drug named therein. In
event of the acceptance of such order, by such person, each party to the transaction
shall preserve his or her copy of such order for a period of three years in such a
way as to be readily accessible for inspection by any federal or state officer or
their specifically authorized agent whose duty it is to enforce the federal drug laws
or this chapter. Notwithstanding the other provisions of this chapter, a duly licensed
manufacturer or wholesaler may sell and dispense depressant or stimulant drugs to
a person referred to in subdivisions (a)(1), (2), (3), and (4) of this section pursuant
to telephone order, provided, however, that an official written order shall be presented
to the person selling or dispensing that drug within seven days of the making of that
telephone order, and all the provisions of this chapter after the expiration of that
period of time apply.
(d) Possession of or control of regulated drugs even though obtained as authorized by
this section shall not be lawful if not in the regular course of business, occupation,
profession, employment, or duty of the possessor.
(e) A person in charge of a hospital or of a laboratory, or in the employ of this State
or of any other state, or of any political subdivision thereof, or a master of a ship
or a person in charge of any aircraft upon which no physician is regularly employed,
or a physician or surgeon duly licensed in some state, territory, or the District
of Columbia, to practice his or her profession, or a retired commissioned medical
officer of the U.S. Army, Navy, or Public Health Service employed upon such ship or
aircraft, who obtains regulated drugs under the provisions of this section or otherwise,
shall not possess, nor administer, nor dispense, nor otherwise use such drugs, within
this State, except within the scope of his or her employment or official duty, and
then only for scientific or medicinal purposes and subject to the provisions of this
chapter. (Added 1967, No. 343 (Adj. Sess.), § 13, eff. March 23, 1968; amended 1969, No. 256 (Adj. Sess.), § 8, eff. April 6, 1970; 2023, No. 53, § 110, eff. June 8, 2023.)
§ 4214. Authorized professional use of regulated drugs
(a) A physician or dentist licensed under this chapter, in good faith and in the course
of his or her professional practice only, may prescribe, administer, and dispense
regulated drugs and he or she may cause the same to be administered for medical purposes
only by a nurse licensed under this chapter, or an intern, medical or dental assistant,
or resident, or in his or her absence by a responsible member of the family of the
patient, under his or her direction and supervision.
(b) A duly licensed veterinarian, in good faith and in the course of his or her professional
practice only and not for use by a human being, may prescribe, administer, and dispense
regulated drugs and he or she may cause them to be administered for medical purposes
only by an assistant or orderly or by the owner of the animal, under his or her direction
and supervision.
(c) Any person who has obtained from a physician, dentist, or veterinarian any regulated
drug for administration to a patient during the absence of such physician, dentist,
or veterinarian under this section shall return to such physician, dentist, or veterinarian
any unused portion of such drug, or shall take such action as may be specified by
rules adopted by the Department of Health, when such drug is no longer required by
the patient. (Added 1967, No. 343 (Adj. Sess.), § 14, eff. March 23, 1968; amended 2023, No. 53, § 111, eff. June 8, 2023.)
§ 4215. Authorized sales by pharmacists
(a) A duly licensed pharmacist, in good faith and in the course of professional practice,
may sell and dispense regulated drugs to any person upon a written prescription or
oral prescription that is reduced promptly to writing by the pharmacist by an individual
authorized by law to prescribe and administer prescription drugs in the course of
professional practice. The written prescription shall be dated and signed by the person
prescribing or, if an oral prescription, by the pharmacist on the day when written,
and bearing the full name and date of birth of the patient for whom the drug is prescribed,
and the full name of the person prescribing. If the prescription is for an animal,
the prescription shall state the species of animal for which the drug is prescribed
and the full name and address of the owner of the animal. A prescription shall not
be refilled unless refilling is authorized by the practitioner on the original prescription
or by the original oral order.
(b)(1) The pharmacist filling a Schedule II prescription shall write the date of filling
and the pharmacist’s own signature on the face of the prescription, or if an electronic
prescription, shall enter the date of filling and the pharmacist’s name into the electronic
record.
(2) Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13.
(3) Notwithstanding the provisions of subdivision (1) or (2) of this subsection, a prescription
for a Schedule II drug written without a future fill date shall not be filled more
than 30 days after the date the prescription was issued. A prescription for a Schedule
II drug written to be filled at a future date shall not be filled more than 90 days
after the date the prescription was issued.
(4) A physician who dispenses regulated drugs as part of his or her regular fee or for
an additional fee shall be subject to the same requirements as a pharmacist for the
purposes of this section.
(c) The legal owner of any stock of regulated drugs, upon discontinuance of dealing in
such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist,
but only on an official written order. (Added 1967, No. 343 (Adj. Sess.), § 15, eff. March 23, 1968; amended 2007, No. 163 (Adj. Sess.), § 5; 2017, No. 48, § 7.)
§ 4215a. Sale of Schedule V drugs
(a) A duly licensed pharmacist may sell and dispense Schedule V drugs only upon written
prescription or oral prescription that is promptly reduced to writing by a pharmacist,
of a licensed physician, dentist, or veterinarian, dated and signed by the person
prescribing or, if an oral prescription, by the pharmacist on the date when written.
(b) Schedule V drugs shall include any compound, mixture, or preparation containing any
of the following limited quantities of narcotic drugs, which shall include one or
more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon
the compound, mixture, or preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine
sulfate per dosage unit.
(c) The Schedule V drugs as listed in subsection (b) shall be deemed regulated drugs as
defined in section 4201(29) of this title.
(d) For a first offense, a person knowingly and unlawfully violating the provisions of
this section may be imprisoned for not more than six months or fined not more than
$500.00, or both. For a second or subsequent offense, a person knowingly and unlawfully
violating the provisions of this section may be imprisoned for not more than two years
or fined not more than $2,000.00, or both. (Added 1975, No. 58; amended 2023, No. 85 (Adj. Sess.), § 49, eff. July 1, 2024.)
§ 4215b. Identification
Only a patient for whom a prescription was written, the owner of an animal for which
a prescription was written, or a bona fide representative of the patient or animal
owner, as defined by the Board of Pharmacy by rule after consultation with the Commissioner
of Health, may pick up a prescription for a Schedule II, III, or IV controlled substance.
Prior to dispensing a prescription for a Schedule II, III, or IV controlled substance
to a patient not personally known to the pharmacist, the pharmacist shall require
the individual receiving the drug to provide a signature and show valid and current
government-issued photographic identification as evidence that the individual is the
patient for whom the prescription was written, the owner of the animal for which the
prescription was written, or the bona fide representative of the patient or animal
owner. If the individual does not have valid, current government-issued photographic
identification, the pharmacist may request alternative evidence of the individual’s
identity, as appropriate. (Added 2013, No. 75, § 3; amended 2013, No. 138 (Adj. Sess.), § 10.)
§ 4216. Authorized possession by individuals
(a) A person to whom or for whose use any regulated drug has been prescribed, sold, or
dispensed, and the owner of any animal for which any such drug has been prescribed,
sold, or dispensed, may lawfully possess the same on the condition that such drug
was prescribed, sold, or dispensed by a physician, dentist, pharmacist, or veterinarian
licensed to practice in this State or under the laws of another state or country wherein
such person has his or her practice, and further that all amounts of the drug are
retained in the lawful container in which it was delivered to him or her by the person
selling or dispensing the same.
(b) Notwithstanding the requirement in subsection (a) of this section that a regulated
drug be retained in its original container, the individual to whom a regulated drug
was prescribed, dispensed, or sold by a physician, dentist, or pharmacist licensed
in Vermont or in another state or country may maintain up to a 14-day supply of the
regulated drug outside the original container for his or her own personal use if the
following conditions are met:
(1) the drug was prescribed for the individual;
(2) the individual is in possession of the original or a copy of the prescription label;
(3) at all times, the individual intends and has intended to use the drug only for legitimate
medical use in conformity with instructions from the prescriber and dispenser; and
(4) the individual maintains the limited supply of the drug in a receptacle that reasonably
constitutes a more convenient or portable format to enable the individual’s legitimate
medical use. (Added 1967, No. 343 (Adj. Sess.), § 16, eff. March 23, 1968; amended 2015, No. 141 (Adj. Sess.), § 1.)
§ 4217. Reports by physicians and hospitals
It shall be the duty of every physician and every hospital to report to the Commissioner
of Health, promptly, all cases wherein a person has been or is being treated for the
use of, or for problems arising from the use of, regulated drugs. The reports shall
include the type of problem being treated, the class of regulated drug that was used,
and such further information as is required by rules of the Department of Health as
adopted under section 4202 of this title, except that the rules shall not require the listing or other identification of the
names of the persons being so treated. (Added 1967, No. 343 (Adj. Sess.), § 17, eff. March 23, 1968; amended 1969, No. 203 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 78; 2023, No. 53, § 112, eff. June 8, 2023.)
§ 4218. Enforcement
(a) It is hereby made the duty of the Department of Public Safety, its officers, agents,
inspectors, and representatives, and pursuant to its specific authorization any other
peace officer within the State, and of all State’s Attorneys, to enforce all provisions
of this chapter and of the rules of the Department of Health adopted under this chapter,
except those otherwise specifically delegated, and to cooperate with all agencies
charged with the enforcement of the federal drug laws, this chapter, and the laws
of other states relating to regulated drugs.
(b) Such authorities and their specifically authorized agents shall have, at all times,
access to all orders, prescriptions, and records kept or maintained under this chapter,
as provided herein.
(c) A person who gives information to law enforcement officers, the Drug Rehabilitation
Commission, Department of Health, or professional boards as defined in section 4201 of this title and their specifically authorized agents, concerning the use of regulated drugs or
the misuse by other persons of regulated drugs, shall not be subject to any civil,
criminal, or administrative liability or penalty for giving such information.
(d) Nothing in this section shall authorize the Department of Public Safety and other
authorities described in subsection (a) of this section to have access to VPMS (Vermont
Prescription Monitoring System) created pursuant to chapter 84A of this title, except
as provided in that chapter.
(e) The Department of Public Safety, in consultation with representatives of licensed
Vermont pharmacies, shall adopt standard operating guidelines for accessing pharmacy
records through the authority granted in this section. Any person authorized to access
pharmacy records pursuant to subsection (a) of this section shall follow the Department
of Public Safety’s guidelines. These guidelines shall be a public record. (Added 1967, No. 343 (Adj. Sess.), § 18, eff. March 23, 1968; amended 1969, No. 203 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 64; 2005, No. 205 (Adj. Sess.), § 2; 2013, No. 75, § 4; 2017, No. 113 (Adj. Sess.), § 79; 2023, No. 53, § 113, eff. June 8, 2023.)
§ 4219. Repealed. 1985, No. 174 (Adj. Sess.), § 3.
§ 4220. Violations; proceedings
(a) In any complaint, information, or indictment, and in any action or proceeding brought
for the enforcement of any provision of this chapter, it shall not be necessary to
negate any exception, excuse, proviso, or exemption contained in this chapter and
the burden of proof of any such exception, excuse, proviso, or exemption shall be
upon the defendant.
(b) No person shall be convicted of a violation of any provision of this chapter if such
person shall have been acquitted or convicted under the criminal provisions of the
federal drug laws for the same act or omission that, it is alleged, constitutes a
violation of this chapter.
(c) On the conviction of any person of the violation of any provision of this chapter,
a copy of the judgment and sentence and of the opinion of the court or magistrate,
if any opinion be filed, shall be sent by the clerk of the court or by the magistrate
to the commission or officer, if any, by whom the convicted defendant has been licensed
or registered to practice the person’s profession or to carry on the person’s business,
and to the Commissioner of Health, who shall immediately transmit a copy thereof to
the professional board, if any, having such person within its jurisdiction. (Added 1967, No. 343 (Adj. Sess.), § 20, eff. March 23, 1968; amended 1971, No. 14, § 23, eff. March 11, 1971; 2023, No. 53, § 114, eff. June 8, 2023.)
§ 4221. Violations; presumptions
(a) Possession of a false or forged prescription for a regulated drug by any person other
than a pharmacist in the pursuance of his or her profession shall be presumptive evidence
of his or her intent to use the same for the purpose of illegally obtaining a regulated
drug.
(b) The presence of a regulated drug in an automobile, other than a public omnibus, is
presumptive evidence of knowing possession thereof by each and every person in the
automobile at the time such drug was found; except that such presumption does not
apply:
(1) to a duly licensed operator of an automobile who is at the time operating it for hire
in the lawful and proper pursuit of his or her trade;
(2) to any person in the automobile if one of them, having obtained the drug and not being
under duress, is authorized to possess it and such drug is in the same container as
when he or she received possession thereof; or
(3) when the drug is concealed upon the person of one of the occupants. (Added 1967, No. 343 (Adj. Sess.), § 21, eff. March 23, 1968.)
§ 4222. Common nuisances
Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or
any place whatever, that is resorted to by persons for the purpose of using regulated
drugs or that is used for the illegal keeping or selling of the same, shall be deemed
a common nuisance. No person shall keep or maintain such a common nuisance. (Added 1967, No. 343 (Adj. Sess.), § 22, eff. March 23, 1968.)
§ 4223. Fraud or deceit
(a) No person shall obtain or attempt to obtain a regulated drug, or procure or attempt
to procure the administration of a regulated drug:
(1) by fraud, deceit, misrepresentation, or subterfuge;
(2) by the forgery or alteration of a prescription or of any written order;
(3) by the concealment of a material fact; or
(4) by the use of a false name or the giving of a false address.
(b) Information communicated to a physician in an effort unlawfully to procure a regulated
drug or unlawfully to procure the administration of any such drug shall not be deemed
a privileged communication.
(c) No person shall willfully make a false statement in, or fail to prepare or obtain
or keep, or refuse the inspection or copying under this chapter of, any prescription,
order, report, or record required by this chapter.
(d) No person shall, for the purpose of obtaining a regulated drug, falsely assume the
title of, or represent himself or herself to be a manufacturer, wholesaler, pharmacist,
physician, dentist, veterinarian, or other authorized person.
(e) No person shall make or utter any false or forged prescription or false or forged
written order.
(f) No person shall affix any false or forged label to a package or receptacle containing
regulated drugs.
(g) The provisions of this section shall apply to all transactions relating to amounts
or types of drugs excepted from the provisions of this chapter by rule of the Department
of Health under section 4204 of this title, in the same way as they apply to transactions relating to any other regulated drug.
(h) Any person who, in the course of treatment, is supplied with regulated drugs or a
prescription therefor by one physician and who, without disclosing the fact, is knowingly
supplied during such treatment with regulated drugs or a prescription therefor by
another physician, shall be guilty of a violation of this section.
(i) A person who violates this section shall be imprisoned not more than two years and
one day or fined not more than $5,000.00, or both. (Added 1967, No. 343 (Adj. Sess.), § 23, eff. March 23, 1968; amended 1989, No. 100, § 12; 2023, No. 53, § 115, eff. June 8, 2023.)
§ 4224. Unused Prescription Drug, Needle, and Syringe Disposal Program
(a) The Department of Health shall establish and maintain the statewide Unused Prescription
Drug, Needle, and Syringe Disposal Program to provide for the safe disposal of Vermont
residents’ unused and unwanted prescription drugs, needles, and syringes. The Program
may include establishing secure collection and disposal sites and providing medication
envelopes for sending unused prescription drugs to an authorized collection facility
for destruction.
(b) Pharmacies that operate 10 or more establishments in the United States, while concurrently
conducting business in Vermont, shall enroll in a drug disposal kiosk program on or
before July 1, 2023. If the physical dimensions of a pharmacy make an on-site collection
receptacle impossible under State and federal law, a pharmacy shall provide a mail-back
option for consumers. (Added 2015, No. 173 (Adj. Sess.), § 14a, eff. June 8, 2016; amended 2021, No. 115 (Adj. Sess.), § 9, eff. July 1, 2022; 2023, No. 22, § 1, eff. May 25, 2023.)
§ 4225. Repealed. 1995, No. 188 (Adj. Sess.), § 4.
§ 4226. Minors; treatment; consent
(a)(1) If a minor 12 years of age or older is suspected to be dependent upon regulated drugs
as defined in section 4201 of this title, to have venereal disease, or to be an alcoholic as defined in section 8401 of this title, and the finding of such dependency, disease, or alcoholism is verified by a licensed
physician, the minor may give:
(A) his or her consent to medical treatment and hospitalization; and
(B) in the case of a drug dependent or alcoholic person, consent to nonmedical inpatient
or outpatient treatment at a program approved by the Agency of Human Services to provide
treatment for drug dependency or alcoholism if deemed necessary by the examining physician
for diagnosis or treatment of such dependency or disease or alcoholism.
(2) Consent under this section shall not be subject to disaffirmance due to minority of
the person consenting. The consent of the parent or legal guardian of a minor consenting
under this section shall not be necessary to authorize care as described in this subsection.
(b) The parent, parents, or legal guardian shall be notified by the physician if the condition
of a minor child requires immediate hospitalization as the result of drug usage, alcoholism,
or for the treatment of a venereal disease. (Added 1971, No. 76; amended 1975, No. 143 (Adj. Sess.); 2017, No. 113 (Adj. Sess.), § 80.)
§ 4227. Repealed. 1985, No. 174 (Adj. Sess.), § 3.
§ 4228. Unlawful manufacture, distribution, dispensing, or sale of a noncontrolled drug or
substance
(a) It is unlawful for any person to knowingly dispense, manufacture, process, package,
distribute, or sell or attempt to dispense, manufacture, process, package, distribute,
or sell a noncontrolled drug or substance upon either:
(1) the express or implied representation that the drug or substance is a controlled drug;
or
(2) the express or implied representation that the drug or substance is of such nature
or appearance that the dispensee or purchaser will be able to dispense or sell the
drug or substance as a controlled drug.
(b) For the purposes of this section, a “controlled” drug or substance shall mean those
drugs or substances listed under Schedules I through V in the federal Controlled Substances
Act, 21 U.S.C. § 801 et seq. as amended.
(c) In determining whether there has been a violation of subsection (a) of this section,
the following factors shall be considered:
(1) whether the physical appearance of the package or container containing the noncontrolled
drug or substance is substantially similar to the physical appearance of packages
and containers regularly used in the dispensing or sale of controlled drugs or substances;
(2) whether the dispensing or sale or attempted dispensing or sale included an exchange
or demand for money or other valuable property as consideration for the noncontrolled
drug or substance and the amount of such consideration was substantially in excess
of the reasonable value of the noncontrolled drug or substance;
(3) whether the overall physical appearance of the capsule, tablet, or other finished
product containing the noncontrolled drug or substance is substantially similar in
size, shape, color, and markings to the physical appearance of a capsule, tablet,
or other finished product containing a specific controlled drug or substance.
(d) The provisions of this section shall not be applicable to:
(1) law enforcement officers acting in the course and legitimate scope of their employment;
(2) persons who dispense, manufacture, process, package, distribute, or sell noncontrolled
substances to licensed medical practitioners for use as placebos in the course of
professional practice or research or for use in FDA-approved investigational new drug
trials;
(3) licensed medical practitioners, pharmacists, and other persons authorized to dispense
or administer controlled substances and acting in the legitimate performance of their
professional license.
(e) In any prosecution under this section, it is no defense that the accused believed
the noncontrolled drug or substance to actually be a controlled drug or substance.
(f) A person convicted of violating this section shall be subject to imprisonment for
a term of up to one year or a fine of up to $5,000.00, or both. If the violation
of this section involves dispensing, distributing, or selling to a person under the
age of 21, the person shall be subject to a term of imprisonment of not more than
two years or fined up to $10,000.00, or both. (Added 1981, No. 177 (Adj. Sess.), § 1; amended 1989, No. 100, § 16.)
§ 4229. Maintenance of records
Notwithstanding the provisions of sections 4202, 4210, 4213, and 4215 of this title relating to the maintenance of records, all rules adopted by the Department of Health
and the Board of Pharmacy governing the records for the manufacturing, distribution,
and dispensation of regulated drugs shall be in accordance with the similar requirements
set by the federal government under the Controlled Substances Act so that compliance
with Department of Health and Board of Pharmacy rules will result in compliance with
federal laws and regulations. (Added 1981, No. 244 (Adj. Sess.), § 19; amended 2017, No. 113 (Adj. Sess.), § 81; 2023, No. 53, § 116, eff. June 8, 2023.)
§ 4230. Cannabis
(a) Possession and cultivation.
(1) No person shall knowingly and unlawfully possess more than one ounce of cannabis or
more than five grams of hashish or cultivate more than two mature cannabis plants
or four immature cannabis plants. A person who violates this subdivision shall be
assessed a civil penalty as follows:
(A) not more than $100.00 for a first offense;
(B) not more than $200.00 for a second offense; and
(C) not more than $500.00 for a third or subsequent offense.
(2)(A) No person shall knowingly and unlawfully possess two ounces or more of cannabis or
ten grams or more of hashish or more than three mature cannabis plants or six immature
cannabis plants. For a first offense under this subdivision (2), a person shall be
provided the opportunity to participate in the Court Diversion Program unless the
prosecutor states on the record why a referral to the Court Diversion Program would
not serve the ends of justice. A person convicted of a first offense under this subdivision
shall be imprisoned not more than six months or fined not more than $500.00, or both.
(B) A person convicted of a second or subsequent offense of violating subdivision (A)
of this subdivision (2) shall be imprisoned not more than two years or fined not more
than $2,000.00, or both.
(C) Upon an adjudication of guilt for a first or second offense under this subdivision,
the court may defer sentencing as provided in 13 V.S.A. § 7041, except that the court may in its discretion defer sentence without the filing of
a presentence investigation report and except that sentence may be imposed at any
time within two years from and after the date of entry of deferment. The court may,
prior to sentencing, order that the defendant submit to a drug assessment screening,
which may be considered at sentencing in the same manner as a presentence report.
(3) A person knowingly and unlawfully possessing eight ounces of cannabis or 1.4 ounces
of hashish or knowingly and unlawfully cultivating more than four mature cannabis
plants or eight immature cannabis plants shall be imprisoned not more than three years
or fined not more than $10,000.00, or both.
(4) A person knowingly and unlawfully possessing more than one pound of cannabis or more
than 2.8 ounces of hashish or knowingly and unlawfully cultivating more than six mature
cannabis plants or 12 immature cannabis plants shall be imprisoned not more than five
years or fined not more than $10,000.00, or both.
(5) A person knowingly and unlawfully possessing more than 10 pounds of cannabis or more
than one pound of hashish or knowingly and unlawfully cultivating more than 12 mature
cannabis plants or 24 immature cannabis plants shall be imprisoned not more than 15
years or fined not more than $500,000.00, or both.
(6) If a court fails to provide the defendant with notice of collateral consequences in
accordance with 13 V.S.A. § 8005(b) and the defendant later at any time shows that the plea and conviction for a violation
of this subsection may have or has had a negative consequence, the court, upon the
defendant’s motion, shall vacate the judgment and permit the defendant to withdraw
the plea or admission and enter a plea of not guilty. Failure of the court to advise
the defendant of a particular collateral consequence shall not support a motion to
vacate.
(7) The amounts of cannabis in this subsection shall not include cannabis cultivated,
harvested, and stored in accordance with section 4230e of this title.
(b) Selling or dispensing.
(1) A person knowingly and unlawfully selling cannabis or hashish shall be imprisoned
not more than two years or fined not more than $10,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing more than one ounce of cannabis
or five grams or more of hashish shall be imprisoned not more than five years or fined
not more than $100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing one pound or more of cannabis
or 2.8 ounces or more of hashish shall be imprisoned not more than 15 years or fined
not more than $500,000.00, or both.
(4) A person 21 years of age or older may dispense one ounce or less of cannabis or five
grams or less of hashish to another person who is 21 years of age or older, provided
that the dispensing is not advertised or promoted to the public.
(c) Trafficking. A person knowingly and unlawfully possessing 50 pounds or more of cannabis or five
pounds or more of hashish with the intent to sell or dispense the cannabis or hashish
shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or
both. There shall be a permissive inference that a person who possesses 50 pounds
or more of cannabis or five pounds or more of hashish intends to sell or dispense
the cannabis or hashish.
(d) Cannabis-infused products. Only the portion of a cannabis-infused product that is attributable to cannabis shall
count toward the possession limits of this section. The weight of cannabis that is
attributable to cannabis-infused products shall be determined according to methods
set forth in rule by the Cannabis Control Board. (Added 1989, No. 100, § 1; amended 2001, No. 52, § 3; 2003, No. 54, § 4; 2013, No. 75, §§ 22d, 22e, eff. July 2, 2013; 2013, No. 76, § 1; 2015, No. 133 (Adj. Sess.), § 7, eff. May 25, 2016; 2017, No. 74, § 27; 2017, No. 86 (Adj. Sess.), § 3; 2019, No. 164 (Adj. Sess.), § 31, eff. Oct. 7, 2020; 2019, No. 167 (Adj. Sess.), § 32, eff. Jan. 1, 2021; 2021, No. 20, § 72; 2023, No. 166 (Adj. Sess.), § 11, eff. June 10, 2024.)
§ 4230a. Cannabis possession by a person 21 years of age or older
(a)(1) Except as otherwise provided in this section, a person 21 years of age or older who
possesses one ounce or less of cannabis or five grams or less of hashish and two mature
cannabis plants or fewer or four immature cannabis plants or fewer or who possesses
paraphernalia for cannabis use shall not be penalized or sanctioned in any manner
by the State or any of its political subdivisions or denied any right or privilege
under State law. The one-ounce limit of cannabis or five grams of hashish that may
be possessed by a person 21 years of age or older shall not include cannabis cultivated,
harvested, and stored in accordance with section 4230e of this title.
(2)(A) A person shall not consume cannabis in a public place. As used in this section, “public
place” has the same meaning as provided by 7 V.S.A. § 831.
(B) A person who violates this subdivision (a)(2) shall be assessed a civil penalty as
follows:
(i) not more than $100.00 for a first offense;
(ii) not more than $200.00 for a second offense; and
(iii) not more than $500.00 for a third or subsequent offense.
(b)(1) Cannabis possessed or consumed in violation of State law is contraband pursuant to
subsection 4242(d) of this title and subject to seizure and forfeiture.
(2) This section does not:
(A) exempt a person from arrest, citation, or prosecution for being under the influence
of cannabis while operating a vehicle of any kind or for consuming cannabis while
operating a motor vehicle;
(B) repeal or modify existing laws or policies concerning the operation of vehicles of
any kind while under the influence of cannabis or for consuming cannabis while operating
a motor vehicle;
(C) limit the authority of primary and secondary schools to impose administrative penalties
for the possession of cannabis on school property;
(D) prohibit a municipality from adopting a civil ordinance to provide additional penalties
for consumption of cannabis in a public place;
(E) prohibit a landlord from banning possession or use of cannabis in a lease agreement;
or
(F) allow an inmate of a correctional facility to possess or use cannabis or to limit
the authority of law enforcement, the courts, the Department of Corrections, or the
Parole Board to impose penalties on offenders who use cannabis in violation of a court
order, conditions of furlough, parole, or rules of a correctional facility.
(c)(1) A law enforcement officer is authorized to detain a person if:
(A) the officer has reasonable grounds to believe the person has violated subsection (a)
of this section; and
(B) the person refuses to identify himself or herself satisfactorily to the officer when
requested by the officer.
(2) The person may be detained only until the person identifies himself or herself satisfactorily
to the officer or is properly identified. If the officer is unable to obtain the identification
information, the person shall forthwith be brought before a judge in the Criminal
Division of the Superior Court for that purpose. A person who refuses to identify
himself or herself to the court on request shall immediately and without service of
an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.
(d) Fifty percent of the civil penalties imposed by the Judicial Bureau for violations
of this section shall be deposited in the Drug Task Force Special Fund, hereby created
to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Department of Public Safety for the funding of
law enforcement officers on the Drug Task Force, except for a $12.50 administrative
charge for each violation, which shall be deposited in the Court Technology Special
Fund, in accordance with 13 V.S.A. § 7252. The remaining 50 percent shall be deposited in the Youth Substance Awareness Safety
Program Special Fund, hereby created to be managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and available to the Court Diversion Program for funding of the Youth
Substance Awareness Safety Program as required by section 4230b of this title.
(e) Nothing in this section shall be construed to do any of the following:
(1) require an employer to permit or accommodate the use, consumption, possession, transfer,
display, transportation, sale, or growing of cannabis in the workplace;
(2) prevent an employer from adopting a policy that prohibits the use of cannabis in the
workplace;
(3) create a cause of action against an employer that discharges an employee for violating
a policy that restricts or prohibits the use of cannabis by employees; or
(4) prevent an employer from prohibiting or otherwise regulating the use, consumption,
possession, transfer, display, transportation, sale, or growing of cannabis on the
employer’s premises. (Added 2013, No. 76, § 2; amended 2013, No. 95 (Adj. Sess.), § 81, eff. Feb. 25, 2014; 2013, No. 194 (Adj. Sess.), § 13; 2017, No. 86 (Adj. Sess.), § 4; 2019, No. 164 (Adj. Sess.), § 30, eff. Oct. 7, 2020; 2019, No. 167 (Adj. Sess.), § 3, eff. Oct. 7, 2020; 2021, No. 20, § 73.)
§ 4230b. Repealed. 2025, No. 45, § 4(b), eff. July 1, 2025.
(Added 2013, No. 76, § 2; amended 2015, No. 147 (Adj. Sess.), § 12, eff. May 31, 2016; 2017, No. 86 (Adj. Sess.), § 5; 2019, No. 167 (Adj. Sess.), § 6, eff. Oct. 7, 2020; 2023, No. 180 (Adj. Sess.), § 3, eff. July 1, 2024; 2025, No. 18, § 26, eff. May 13, 2025; repealed by 2025, No. 45, § 4, eff. July 1, 2025.)
§ 4230c. Repealed. 2015, No. 147 (Adj. Sess.), § 13, eff. May 31, 2016.
§ 4230d. Repealed. 2017, No. 86 (Adj. Sess.), § 6.
§ 4230e. Cultivation of cannabis by a person 21 years of age or older
(a)(1) Except as otherwise provided in this section, a person 21 years of age or older who
cultivates not more than two mature cannabis plants and four immature cannabis plants
shall not be penalized or sanctioned in any manner by the State or any of its political
subdivisions or denied any right or privilege under State law.
(2) Each dwelling unit shall be limited to two mature cannabis plants and four immature
cannabis plants regardless of how many persons 21 years of age or older reside in
the dwelling unit. As used in this section, “dwelling unit” means a building or the
part of a building that is used as a primary home, residence, or sleeping place by
one or more persons who maintain a household.
(3) Any cannabis harvested from the plants allowed pursuant to this subsection shall not
count toward the one-ounce possession limit in section 4230a of this title, provided it is stored in an indoor facility on the property where the cannabis was
cultivated and reasonable precautions are taken to prevent unauthorized access to
the cannabis.
(4) Cultivation in excess of the limits provided in this subsection shall be punished
in accordance with section 4230 of this title.
(b)(1) Personal cultivation of cannabis only shall occur:
(A) on property lawfully in possession of the cultivator or with the written consent of
the person in lawful possession of the property; and
(B) in an area that is screened from public view and access is limited to the cultivator
and persons 21 years of age or older who have permission from the cultivator.
(2) A person who violates this subsection shall be assessed a civil penalty as follows:
(A) not more than $100.00 for a first offense;
(B) not more than $200.00 for a second offense; and
(C) not more than $500.00 for a third or subsequent offense. (Added 2017, No. 86 (Adj. Sess.), § 7; amended 2021, No. 158 (Adj. Sess.), § 8, eff. May 31, 2022.)
§ 4230f. Dispensing cannabis to a person under 21 years of age; criminal offense
(a) No person shall:
(1) dispense cannabis to a person under 21 years of age; or
(2) knowingly enable the consumption of cannabis by a person under 21 years of age.
(b) As used in this section, “enable the consumption of cannabis” means creating a direct
and immediate opportunity for a person to consume cannabis.
(c) Except as provided in subsection (d) of this section, a person who violates subsection
(a) of this section shall be imprisoned not more than two years or fined not more
than $2,000.00, or both.
(d) A person who violates subsection (a) of this section, where the person under 21 years
of age while operating a motor vehicle on a public highway causes death or serious
bodily injury to himself or herself or to another person as a result of the violation,
shall be imprisoned not more than five years or fined not more than $10,000.00, or
both.
(e)(1) Subsections (a)-(d) of this section shall not apply to a person under 21 years of
age who dispenses cannabis to a person under 21 years of age or who knowingly enables
the consumption of cannabis by a person under 21 years of age.
(2) A person who is 18, 19, or 20 years of age who knowingly dispenses cannabis to a person
who is 18, 19, or 20 years of age commits a civil violation and shall be referred
to the Court Diversion Program for the purpose of enrollment in the Youth Substance
Awareness Safety Program in accordance with the provisions of section 4230b of this title and shall be subject to the penalties in that section for failure to complete the
program successfully.
(3) A person 18, 19, or 20 years of age who knowingly dispenses to a person under 18 years
of age who is at least three years that person’s junior shall be sentenced to a term
of imprisonment of not more than five years in accordance with section 4237 of this title.
(4) A person who is 19 years of age who knowingly dispenses to a person 17 years of age
or a person who is 18 years of age who knowingly dispenses cannabis to a person who
is 16 or 17 years of age commits a misdemeanor crime and shall be fined not more than
$500.00.
(5) A person who is under 18 years of age who knowingly dispenses cannabis to another
person who is under 18 years of age commits a delinquent act and shall be subject
to 33 V.S.A. chapter 52.
(f) This section shall not apply to a dispensary that lawfully provides cannabis to a
registered patient or caregiver or to a registered caregiver who provides cannabis
to a registered patient pursuant to chapter 86 of this title.
(g) The provisions of this section do not limit or restrict the prosecution for other
offenses arising out of the same conduct, nor shall they limit or restrict defenses
under common law. (Added 2017, No. 86 (Adj. Sess.), § 8; amended 2018, No. 8 (Sp. Sess.), § 14, eff. July 2, 2018; 2019, No. 167 (Adj. Sess.), § 4, eff. Oct. 7, 2020.)
§ 4230g. Dispensing cannabis to a person under 21 years of age; civil action for damages
(a) A spouse, child, guardian, employer, or other person who is injured in person, property,
or means of support by a person under 21 years of age who is impaired by cannabis,
or in consequence of the impairment by cannabis of any person under 21 years of age,
shall have a right of action in his or her own name, jointly or severally, against
any person or persons who have caused in whole or in part such impairment by knowingly
dispensing cannabis to a person under 21 years of age or enabling the consumption
of cannabis by a person under 21 years of age.
(b) Upon the death of either party, the action and right of action shall survive to or
against the party’s executor or administrator. The party injured or his or her legal
representatives may bring either a joint action against the impaired person under
21 years of age and the person or persons who knowingly dispensed the cannabis or
enabled the consumption of the cannabis, or a separate action against either or any
of them.
(c) An action to recover for damages under this section shall be commenced within two
years after the cause of action accrues, and not after.
(d) In an action brought under this section, evidence of responsible actions taken or
not taken is admissible if otherwise relevant.
(e) A defendant in an action brought under this section has a right of contribution from
any other responsible person or persons, which may be enforced in a separate action
brought for that purpose.
(f) A person who knowingly dispenses cannabis to a person under 21 years of age or who
enables consumption of cannabis by a person under 21 years of age may be held liable
under this section if the person knew, or a reasonable person in the same circumstances
would have known, that the person who received the cannabis was under 21 years of
age. (Added 2017, No. 86 (Adj. Sess.), § 9.)
§ 4230h. Chemical extraction via butane or hexane prohibited
(a) No person shall manufacture concentrated cannabis by chemical extraction or chemical
synthesis using butane or hexane.
(b) A person who violates subsection (a) of this section shall be imprisoned not more
than two years or fined not more than $2,000.00, or both. A person who violates subsection
(a) of this section and causes serious bodily injury to another person shall be imprisoned
not more than five years or fined not more than $5,000.00, or both. (Added 2017, No. 86 (Adj. Sess.), § 10; amended 2021, No. 158 (Adj. Sess.), § 20, eff. May 31, 2022.)
§ 4230i. Exceptions
(a) A person who is convicted of a felony for selling cannabis in violation of section 4230 of this title or selling a regulated drug to minors or on school grounds in violation of section 4237 of this title for an offense that occurred on or after July 1, 2018 and who possesses one ounce
or less of cannabis or five grams or less of hashish commits a civil violation and
shall be assessed a civil penalty as follows:
(1) not more than $200.00 for a first offense;
(2) not more than $300.00 for a second offense; and
(3) not more than $500.00 for a third or subsequent offense.
(b) A person who is convicted of a felony for selling cannabis in violation of section 4230 of this title or selling a regulated drug to minors or on school grounds in violation of section 4237 of this title for an offense that occurred on or after July 1, 2018 and who possesses any of the
following commits a misdemeanor and is subject to imprisonment of not more than one
year or a fine of not more than $1,000.00, or both:
(1) more than one ounce, but not more than two ounces of cannabis;
(2) more than five grams, but not more than 10 grams of hashish; or
(3) not more than six mature cannabis plants and 12 immature cannabis plants. (Added 2017, No. 86 (Adj. Sess.), § 11.)
§ 4230j. Repealed. 2025, No. 45, § 4(c), eff. July 1, 2025.
(Added 2019, No. 167 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2025, No. 45, § 4(c), eff. July 1, 2025.)
§ 4231. Cocaine
(a) Possession.
(1) A person knowingly and unlawfully possessing cocaine shall be imprisoned not more
than one year or fined not more than $2,000.00, or both.
(2) A person knowingly and unlawfully possessing cocaine in an amount consisting of 2.5
grams or more of one or more preparations, compounds, mixtures, or substances containing
cocaine shall be imprisoned not more than five years or fined not more than $100,000.00,
or both.
(3) A person knowingly and unlawfully possessing cocaine in an amount consisting of one
ounce or more of one or more preparations, compounds, mixtures, or substances containing
cocaine shall be imprisoned not more than 10 years or fined not more than $250,000.00,
or both.
(4) [Repealed.]
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing cocaine shall be imprisoned not more
than three years or fined not more than $75,000.00, or both. A person knowingly and
unlawfully selling cocaine shall be imprisoned not more than five years or fined not
more than $100,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing cocaine in an amount consisting
of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances
containing cocaine shall be imprisoned not more than 10 years or fined not more than
$250,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing cocaine in an amount consisting
of one ounce or more of one or more preparations, compounds, mixtures, or substances
containing cocaine shall be imprisoned not more than 20 years or fined not more than
$1,000,000.00, or both.
(c) Trafficking.
(1) A person knowingly and unlawfully possessing cocaine in an amount consisting of 150
grams or more of one or more preparations, compounds, mixtures, or substances containing
cocaine with the intent to sell or dispense the cocaine shall be imprisoned not more
than 30 years or fined not more than $1,000,000.00, or both. There shall be a permissive
inference that a person who possesses cocaine in an amount consisting of 150 grams
or more of one or more preparations, compounds, mixtures, or substances containing
cocaine intends to sell or dispense the cocaine. The amount of possessed cocaine under
this subdivision to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be not less than 400 grams in the aggregate.
(2) [Repealed.] (Added 1989, No. 100, § 2; amended 2001, No. 52, § 4; 2003, No. 54, § 5; 2007, No. 187 (Adj. Sess.), § 1; 2023, No. 161 (Adj. Sess.), § 57, eff. June 6, 2024.)
§ 4232. LSD
(a) Possession.
(1) A person knowingly and unlawfully possessing lysergic acid diethylamide shall be imprisoned
not more than one year or fined not more than $2,000.00, or both.
(2) A person knowingly and unlawfully possessing lysergic acid diethylamide in an amount
consisting of 100 milligrams or more of one or more preparations, compounds, mixtures,
or substances containing lysergic acid diethylamide shall be imprisoned not more than
five years or fined not more than $25,000.00, or both.
(3) A person knowingly and unlawfully possessing lysergic acid diethylamide in an amount
consisting of one gram or more of one or more preparations, compounds, mixtures, or
substances containing lysergic acid diethylamide shall be imprisoned not more than
10 years or fined not more than $100,000.00, or both.
(4) A person knowingly and unlawfully possessing lysergic acid diethylamide in an amount
consisting of 10 grams or more of one or more preparations, compounds, mixtures, or
substances containing lysergic acid diethylamide shall be imprisoned not more than
20 years or fined not more than $500,000.00, or both.
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing lysergic acid diethylamide shall be imprisoned
not more than three years or fined not more than $25,000.00, or both. A person knowingly
and unlawfully selling lysergic acid diethylamide shall be imprisoned not more than
five years or fined not more than $25,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing lysergic acid diethylamide
in an amount consisting of 100 milligrams or more of one or more preparations, compounds,
mixtures, or substances containing lysergic acid diethylamide shall be imprisoned
not more than 10 years or fined not more than $100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing lysergic acid diethylamide
in an amount consisting of one gram or more of one or more preparations, compounds,
mixtures, or substances containing lysergic acid diethylamide shall be imprisoned
not more than 20 years or fined not more than $500,000.00, or both. (Added 1989, No. 100, § 3; amended 2001, No. 52, § 5.)
§ 4233. Heroin
(a) Possession.
(1) A person knowingly and unlawfully possessing heroin shall be imprisoned not more than
one year or fined not more than $2,000.00, or both.
(2) A person knowingly and unlawfully possessing heroin in an amount consisting of 200
milligrams or more of one or more preparations, compounds, mixtures, or substances
containing heroin shall be imprisoned not more than five years or fined not more than
$100,000.00, or both.
(3) A person knowingly and unlawfully possessing heroin in an amount consisting of one
gram or more of one or more preparations, compounds, mixtures, or substances containing
heroin shall be imprisoned not more than 10 years or fined not more than $250,000.00,
or both.
(4) A person knowingly and unlawfully possessing heroin in an amount consisting of two
grams or more of one or more preparations, compounds, mixtures, or substances containing
heroin shall be imprisoned not more than 20 years or fined not more than $1,000,000.00,
or both.
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing heroin shall be imprisoned not more than
three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully
selling heroin shall be imprisoned not more than five years or fined not more than
$100,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing heroin in an amount consisting
of 200 milligrams or more of one or more preparations, compounds, mixtures, or substances
containing heroin shall be imprisoned not more than 10 years or fined not more than
$250,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing heroin in an amount consisting
of one gram or more of one or more preparations, compounds, mixtures, or substances
containing heroin shall be imprisoned not more than 20 years or fined not more than
$1,000,000.00, or both.
(c) Trafficking. A person knowingly and unlawfully possessing heroin in an amount consisting of 3.5
grams or more of one or more preparations, compounds, mixtures, or substances containing
heroin with the intent to sell or dispense the heroin shall be imprisoned not more
than 30 years or fined not more than $1,000,000.00, or both. There shall be a permissive
inference that a person who possesses heroin in an amount of 3.5 grams or more of
one or more preparations, compounds, mixtures, or substances containing heroin intends
to sell or dispense the heroin. The amount of possessed heroin under this subsection
to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be no less than 10 grams in the aggregate.
(d) Transportation into the State. In addition to any other penalties provided by law, a person knowingly and unlawfully
transporting one gram or more of heroin into Vermont with the intent to sell or dispense
the heroin shall be imprisoned not more than 10 years or fined not more than $100,000.00,
or both. (Added 1989, No. 100, § 4; amended 2001, No. 52, § 6; 2003, No. 54, § 6; 2007, No. 187 (Adj. Sess.), § 2; 2013, No. 195 (Adj. Sess.), § 8.)
§ 4233a. Fentanyl
(a) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing fentanyl shall be imprisoned not more
than three years or fined not more than $75,000.00, or both. A person knowingly and
unlawfully selling fentanyl shall be imprisoned not more than five years or fined
not more than $100,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing fentanyl in an amount consisting
of four milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl shall be imprisoned not more than 10 years or fined not more than
$250,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing fentanyl in an amount consisting
of 20 milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl shall be imprisoned not more than 20 years or fined not more than
$1,000,000.00, or both.
(4) In lieu of a charge under this subsection, but in addition to any other penalties
provided by law, a person knowingly and unlawfully selling or dispensing any regulated
drug containing a detectable amount of fentanyl shall be imprisoned not more than
five years or fined not more than $250,000.00, or both.
(b) Trafficking. A person knowingly and unlawfully possessing fentanyl in an amount consisting
of 70 milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl with the intent to sell or dispense the fentanyl shall be imprisoned
not more than 30 years or fined not more than $1,000,000.00, or both. There shall
be a permissive inference that a person who possesses fentanyl in an amount of 70
milligrams or more of one or more preparations, compounds, mixtures, or substances
containing fentanyl intends to sell or dispense the fentanyl. The amount of possessed
fentanyl under this subsection to sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be not less than 70 milligrams in the aggregate.
(c) Transportation into the State. In addition to any other penalties provided by law,
a person knowingly and unlawfully transporting more than 20 milligrams of fentanyl
into Vermont with the intent to sell or dispense the fentanyl shall be imprisoned
not more than 10 years or fined not more than $100,000.00, or both.
(d) As used in this section, “knowingly” means:
(1) the defendant had actual knowledge that one or more preparations, compounds, mixtures,
or substances contained the regulated drug identified in the applicable section of
this chapter; or
(2) the defendant:
(A) was aware that there is a high probability that one or more preparations, compounds,
mixtures, or substances contained the regulated drug identified in the applicable
section of this chapter; and
(B) took deliberate actions to avoid learning that one or more preparations, compounds,
mixtures, or substances contained the regulated drug identified in the applicable
section of this chapter. (Added 2017, No. 62, § 4; amended 2023, No. 125 (Adj. Sess.), § 14, eff. July 1, 2024.)
§ 4233b. Xylazine
(a) No person shall dispense or sell xylazine except as provided in subsection (b) of
this section.
(b) The following are permitted activities related to xylazine:
(1) dispensing or prescribing for, or administration to, a nonhuman species a drug containing
xylazine approved by the Secretary of Health and Human Services pursuant to section
512 of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b;
(2) dispensing or prescribing for, or administration to, a nonhuman species permissible
pursuant to section 512(a)(4) of the Federal Food, Drug, and Cosmetic Act as provided
in 21 U.S.C. § 360b(a)(4);
(3) manufacturing, distribution, or use of xylazine as an active pharmaceutical ingredient
for manufacturing an animal drug approved under section 512 of the Federal Food, Drug,
and Cosmetic Act as provided in 21 U.S.C. § 360b or issued an investigation use exemption pursuant to section 512(j);
(4) manufacturing, distribution, or use of a xylazine bulk chemical for pharmaceutical
compounding by licensed pharmacists or veterinarians; and
(5) any other use approved or permissible under the Federal Food, Drug, and Cosmetic Act.
(c) A person knowingly and unlawfully dispensing xylazine shall be imprisoned not more
than three years or fined not more than $75,000.00, or both. A person knowingly and
unlawfully selling xylazine shall be imprisoned not more than five years or fined
not more than $100,000.00, or both.
(d) As used in this section, “knowingly” means:
(1) the defendant had actual knowledge that one or more preparations, compounds, mixtures,
or substances contained xylazine; or
(2) the defendant:
(A) was aware that there is a high probability that one or more preparations, compounds,
mixtures, or substances contained xylazine; and
(B) took deliberate actions to avoid learning that one or more preparations, compounds,
mixtures, or substances contained xylazine. (Added 2023, No. 125 (Adj. Sess.), § 16, eff. July 1, 2024.)
§ 4234. Depressant, stimulant, and narcotic drugs
(a) Possession.
(1)(A) Except as provided by subdivision (B) of this subdivision (1), a person knowingly
and unlawfully possessing a depressant, stimulant, or narcotic drug, other than heroin
or cocaine, shall be imprisoned not more than one year or fined not more than $2,000.00,
or both.
(B) A person knowingly and unlawfully possessing 224 milligrams or less of buprenorphine
shall not be punished in accordance with subdivision (A) of this subdivision (1).
(2) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic
drug, other than heroin or cocaine, consisting of 100 times a benchmark unlawful dosage
or its equivalent shall be imprisoned not more than five years or fined not more than
$25,000.00, or both.
(3) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic
drug, other than heroin or cocaine, consisting of 1,000 times a benchmark unlawful
dosage or its equivalent shall be imprisoned not more than 10 years or fined not more
than $100,000.00, or both.
(4) A person knowingly and unlawfully possessing a depressant, stimulant, or narcotic
drug, other than heroin or cocaine, consisting of 10,000 times a benchmark unlawful
dosage or its equivalent shall be imprisoned not more than 20 years or fined not more
than $500,000.00, or both.
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing a depressant, stimulant, or narcotic
drug, other than fentanyl, heroin, or cocaine, shall be imprisoned not more than three
years or fined not more than $75,000.00, or both. A person knowingly and unlawfully
selling a depressant, stimulant, or narcotic drug, other than fentanyl, cocaine, or
heroin, shall be imprisoned not more than five years or fined not more than $25,000.00,
or both.
(2) A person knowingly and unlawfully selling or dispensing a depressant, stimulant, or
narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 100 times a
benchmark unlawful dosage or its equivalent shall be imprisoned not more than 10 years
or fined not more than $100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing a depressant, stimulant, or
narcotic drug, other than fentanyl, heroin, or cocaine, consisting of 1,000 times
a benchmark unlawful dosage or its equivalent shall be imprisoned not more than 20
years or fined not more than $500,000.00, or both.
(4) As used in this subsection, “knowingly” means:
(A) the defendant had actual knowledge that one or more preparations, compounds, mixtures,
or substances contained the regulated drug identified in the applicable section of
this chapter; or
(B) the defendant:
(i) was aware that there is a high probability that one or more preparations, compounds,
mixtures, or substances contained the regulated drug identified in the applicable
section of this chapter; and
(ii) took deliberate actions to avoid learning that one or more preparations, compounds,
mixtures, or substances contained the regulated drug identified in the applicable
section of this chapter.
(c) Possession of buprenorphine by a person under 21 years of age.
(1) Except as provided in subdivision (2) of this subsection, a person under 21 years
of age who knowingly and unlawfully possesses 224 milligrams or less of buprenorphine
commits a civil violation and shall be subject to the provisions of section 4230b of this title.
(2) A person under 16 years of age who knowingly and unlawfully possesses 224 milligrams
or less of buprenorphine commits a delinquent act and shall be subject to the provisions
of section 4230j of this title. (Added 1989, No. 100, § 5; amended 2001, No. 52, § 7; 2009, No. 25, § 14; 2017, No. 62, § 5; 2021, No. 46, § 2, eff. June 1, 2021; 2021, No. 46, § 3, eff. July 1, 2023; 2023, No. 53, § 117, eff. July 2, 2023; 2023, No. 125 (Adj. Sess.), § 15, eff. July 1, 2024.)
§ 4234a. Methamphetamine
(a) Possession.
(1) A person knowingly and unlawfully possessing methamphetamine shall be imprisoned not
more than one year or fined not more than $2,000.00, or both.
(2) A person knowingly and unlawfully possessing methamphetamine in an amount consisting
of 2.5 grams or more of one or more preparations, compounds, mixtures, or substances
containing methamphetamine shall be imprisoned not more than five years or fined not
more than $100,000.00, or both.
(3) A person knowingly and unlawfully possessing methamphetamine in an amount consisting
of 25 grams or more of one or more preparations, compounds, mixtures, or substances
containing methamphetamine shall be imprisoned not more than 10 years or fined not
more than $250,000.00, or both.
(b) Selling and dispensing.
(1) A person knowingly and unlawfully dispensing methamphetamine shall be imprisoned not
more than three years or fined not more than $75,000.00, or both. A person knowingly
and unlawfully selling methamphetamine shall be imprisoned not more than five years
or fined not more than $100,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing methamphetamine in an amount
consisting of 2.5 grams or more of one or more preparations, compounds, mixtures,
or substances containing methamphetamine shall be imprisoned not more than 10 years
or fined not more than $250,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing methamphetamine in an amount
consisting of 25 grams or more of one or more preparations, compounds, mixtures, or
substances containing methamphetamine shall be imprisoned not more than 20 years or
fined not more than $1,000,000.00, or both.
(c) Trafficking. A person knowingly and unlawfully possessing methamphetamine in an amount consisting
of 300 grams or more of one or more preparations, compounds, mixtures, or substances
containing methamphetamine with the intent to sell or dispense the methamphetamine
shall be imprisoned not more than 30 years or fined not more than $1,000,000.00, or
both. There shall be a permissive inference that a person who possesses methamphetamine
in an amount consisting of 300 grams or more of one or more preparations, compounds,
mixtures, or substances containing methamphetamine intends to sell or dispense the
methamphetamine. The amount of possessed methamphetamine under this subsection to
sustain a charge of conspiracy under 13 V.S.A. § 1404 shall be no less than 800 grams in the aggregate. (Added 2003, No. 54, § 7.)
§ 4234b. Ephedrine and pseudoephedrine
(a) Possession.
(1) No person shall knowingly and unlawfully possess a drug product containing ephedrine
base, pseudoephedrine base, or phenylpropanolamine base with the intent to use the
product as a precursor to manufacture methamphetamine or another controlled substance.
(2) A person who violates this subsection shall:
(A) if the offense involves possession of less than nine grams of ephedrine base, pseudoephedrine
base, or phenylpropanolamine base, be imprisoned not more than one year or fined not
more than $2,000.00, or both;
(B) if the offense involves possession of nine or more grams of ephedrine base, pseudoephedrine
base, or phenylpropanolamine base, be imprisoned not more than five years or fined
not more than $100,000.00, or both.
(b) Sale.
(1) A drug product containing ephedrine base, pseudoephedrine base, or phenylpropanolamine
base shall not be distributed at retail to the general public unless it is maintained
in a locked display case or behind the counter out of the public’s reach.
(2)(A) A retail establishment shall not knowingly complete a sale to a person if the drug
product or combination of drug products purchased would surpass a total of more than
3.6 grams within a 24-hour period or nine grams within a 30-day period of ephedrine
base, pseudoephedrine base, or phenylpropanolamine base or their isomers.
(B) This subdivision shall not apply to drug products dispensed pursuant to a valid prescription.
(3) A person or business that violates this subdivision shall:
(A) for a first violation be assessed a civil penalty of not more than $100.00; and
(B) for a second and subsequent violation be assessed a civil penalty of not more than
$500.00.
(c) Electronic registry system.
(1)(A) Retail establishments shall use an electronic registry system to record the sale of
products made pursuant to subsection (b) of this section. The electronic registry
system shall have the capacity to block a sale of nonprescription drug products containing
ephedrine base, pseudoephedrine base, or phenylpropanolamine base that would result
in a purchaser exceeding the lawful daily or monthly amount. The system shall contain
an override function that may be used by an agent of a retail establishment who is
dispensing the drug product and who has a reasonable fear of imminent bodily harm
to his or her person or to another person if the transaction is not completed. The
system shall create a record of each use of the override mechanism.
(B) The electronic registry system shall be available free of charge to the State of Vermont,
retail establishments, and local law enforcement agencies.
(C) The electronic registry system shall operate in real time to enable communication
among in-state users and users of similar systems in neighboring states.
(D) The State shall use the National Precursor Log Exchange (NPLEx) online portal or its
equivalent to host Vermont’s electronic registry system.
(2)(A) Prior to completing a sale under subsection (b) of this section, a retail establishment
shall require the person purchasing the drug product to present a current, valid,
government-issued identification document. The retail establishment shall record in
the electronic registry system:
(i) the name and address of the purchaser;
(ii) the name of the drug product and quantity of ephedrine, pseudoephedrine, and phenylpropanolamine
base sold in grams;
(iii) the date and time of purchase;
(iv) the form of identification presented, the issuing government entity, and the corresponding
identification number; and
(v) the name of the person selling or furnishing the drug product.
(B)(i) If the retail establishment experiences an electronic or mechanical failure of the
electronic registry system and is unable to comply with the electronic recording requirement,
the retail establishment shall maintain a written log or an alternative electronic
record-keeping mechanism until the retail establishment is able to comply fully with
this subsection (c).
(ii) If the region of the State where the retail establishment is located does not have
broadband Internet access, the retail establishment shall maintain a written log or
an alternative electronic record-keeping mechanism until broadband Internet access
becomes accessible in that region. At that time, the retail establishment shall come
into compliance with this subsection (c).
(C) A retail establishment shall maintain all records of drug product purchases made pursuant
to this subsection (c) for a minimum of two years.
(3) A retail establishment shall display a sign at the register provided by NPLEx or its
equivalent to notify purchasers of drug products containing ephedrine, pseudoephedrine,
or phenylpropanolamine base that:
(A) the purchase of the drug product or products shall result in the purchaser’s identity
being listed on a national database; and
(B) the purchaser has the right to request the transaction number for any purchase that
was denied pursuant to this subsection (c).
(4) A person or retail establishment that violates this subsection shall:
(A) for a first violation be assessed a civil penalty of not more than $100.00; and
(B) for a second or subsequent violation be assessed a civil penalty of not more than
$500.00.
(d) This section shall not apply to a manufacturer that has obtained an exemption from
the Attorney General of the United States under Section 711(d) of the federal Combat
Methamphetamine Epidemic Act of 2005.
(e) As used in this section:
(1) “Distributor” means a person, other than a manufacturer or wholesaler, that sells,
delivers, transfers, or in any manner furnishes a drug product to any person that
is not the ultimate user or consumer of the product.
(2) “Knowingly” means having actual knowledge of the relevant facts.
(3) “Manufacturer” means a person that produces, compounds, packages, or in any manner
initially prepares a drug product for sale or use.
(4) “Wholesaler” means a person, other than a manufacturer, that sells, transfers, or
in any manner furnishes a drug product to any other person for the purpose of being
resold. (Added 2005, No. 164 (Adj. Sess.), § 2, eff. Sept. 30, 2006; amended 2013, No. 75, § 19, eff. Oct. 1, 2013; 2013, No. 75, § 19a, eff. Sept. 30, 2016; 2017, No. 62, § 7, eff. June 7, 2017; 2017, No. 113 (Adj. Sess.), § 82.)
§ 4235. Hallucinogenic drugs
(a) “Dose” of a hallucinogenic drug means that minimum amount of a hallucinogenic drug,
not commonly used for therapeutic purposes, that causes a substantial hallucinogenic
effect. The Department of Health shall adopt rules that establish doses for hallucinogenic
drugs. The Department may incorporate, where applicable, dosage calculations or schedules,
whether described as “dosage equivalencies” or otherwise, established by the federal
government.
(b) Possession.
(1) A person knowingly and unlawfully possessing a hallucinogenic drug, other than lysergic
acid diethylamide, shall be imprisoned not more than one year or fined not more than
$2,000.00, or both.
(2) A person knowingly and unlawfully possessing 10 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than five
years or fined not more than $25,000.00, or both.
(3) A person knowingly and unlawfully possessing 100 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 10
years or fined not more than $100,000.00, or both.
(4) A person knowingly and unlawfully possessing 1,000 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15
years or fined not more than $500,000.00, or both.
(c) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing a hallucinogenic drug, other than lysergic
acid diethylamide, shall be imprisoned not more than three years or fined not more
than $25,000.00, or both. A person knowingly and unlawfully selling a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than five
years or fined not more than $25,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing 10 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 10
years or fined not more than $100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing 100 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15
years or fined not more than $500,000.00, or both. (Added 1989, No. 100, § 6; amended 2001, No. 52, § 8; 2023, No. 53, § 118, eff. June 8, 2023.)
§ 4235a. Ecstasy
(a) Possession.
(1) A person knowingly and unlawfully possessing Ecstasy shall be imprisoned not more
than one year or fined not more than $2,000.00, or both.
(2) A person knowingly and unlawfully possessing Ecstasy in an amount consisting of two
grams or more of one or more preparations, compounds, mixtures, or substances containing
Ecstasy shall be imprisoned not more than five years or fined not more than $25,000.00,
or both.
(3) A person knowingly and unlawfully possessing Ecstasy in an amount consisting of 20
grams or more of one or more preparations, compounds, mixtures, or substances containing
Ecstasy shall be imprisoned not more than 10 years or fined not more than $100,000.00,
or both.
(4) A person knowingly and unlawfully possessing Ecstasy in an amount consisting of seven
ounces or more of one or more preparations, compounds, mixtures, or substances containing
Ecstasy shall be imprisoned not more than 20 years or fined not more than $500,000.00,
or both.
(b) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing Ecstasy shall be imprisoned not more
than three years or fined not more than $25,000.00, or both. A person knowingly and
unlawfully selling Ecstasy shall be imprisoned not more than five years or fined not
more than $25,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing Ecstasy in an amount consisting
of two grams or more of one or more preparations, compounds, mixtures, or substances
containing Ecstasy shall be imprisoned not more than 10 years or fined not more than
$100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing Ecstasy in an amount consisting
of 20 grams or more of one or more preparations, compounds, mixtures, or substances
containing Ecstasy shall be imprisoned not more than 20 years or fined not more than
$500,000.00, or both. (Added 2001, No. 52, § 9.)
§ 4236. Manufacture or cultivation
(a) A person knowingly and unlawfully manufacturing or cultivating a regulated drug shall
be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both.
(b) This section shall not apply to the cultivation of cannabis. (Added 1989, No. 100, § 7.)
§ 4237. Selling or dispensing to minors; selling on school grounds
(a) Dispensing regulated drugs to minors. A person knowingly and unlawfully dispensing any regulated drug to a minor who is
at least three years that person’s junior shall be sentenced to a term of imprisonment
of not more than five years.
(b) Sale of regulated drugs. A person knowingly and unlawfully selling any regulated drug to a minor shall, in
addition to any other penalty, be sentenced to a term of imprisonment of not more
than 10 years.
(c) Selling on school grounds. No person shall knowingly and unlawfully:
(1) dispense or sell a regulated drug to any person on a school bus or on real property
owned by a public or private elementary, secondary, or vocational school;
(2) sell a regulated drug to any person on real property abutting real property owned
by a public or private elementary, secondary, or vocational school; or
(3) dispense a regulated drug to any person in public view on real property abutting real
property owned by a school.
(d) Abutting school property. The selling or dispensing of a regulated drug to a person on property abutting school
property is a violation under this section only if it occurs within 500 feet of the
school property. Property shall be considered abutting school property if:
(1) it shares a boundary with school property; or
(2) it is adjacent to school property and is separated only by a river, stream, or public
highway.
(e) Penalty. A person who violates subsection (c) of this section shall, in addition to any other
penalty, be sentenced to a term of imprisonment of not more than 10 years.
(f) Definitions. As used in this section:
(1) “Minor” means a person under the age of 18.
(2) “Owned by a school” means owned, leased, controlled, or subcontracted by a school
and used frequently by students for educational or recreational activities. (Added 1989, No. 100, § 8; amended 2001, No. 52, § 10; 2003, No. 54, § 8; 2017, No. 113 (Adj. Sess.), § 83.)
§ 4238. Second and subsequent offenses
A person convicted of a second or subsequent offense of violating section 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237 of this title, except a violation of subdivision 4230(a)(1), shall be subject to a term of imprisonment
or fined up to twice that authorized by those sections, or both. (Added 1989, No. 100, § 9.)
§ 4239. Collection of fines
Fines imposed for violation of this chapter shall be considered as a judgment and
may be collected and executed upon by the State, through the State’s Attorney’s office
or the Attorney General’s office, according to the Rules of Civil Procedure. The
State may use the discovery provisions of the civil rules in connection with collection
of an execution upon the judgment. Such procedure for collection of a fine shall
not be exclusive. (Added 1989, No. 100, § 15.)
§ 4240. Prevention and treatment of opioid-related overdoses [Renumbered]
(Added 2013, No. 75, § 17; amended 2015, No. 38, § 25, eff. May 28, 2015; 2023, No. 22, § 4, eff. May 25, 2023; renumbered to 18 V.S.A. § 4257 by 2023, No. 178 (Adj. Sess.), § 8, eff. June 17, 2024.)
§ 4240a. Overdose prevention; drug-checking for contaminant detection [Renumbered]
(Added 2023, No. 22, § 12, eff. May 25, 2023; renumbered to 18 V.S.A. § 4258 by 2023, No. 178 (Adj. Sess.), § 8, eff. June 17, 2024.)
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Subchapter 003: MISCELLANEOUS
§ 4249. Transportation of alcohol, tobacco, or regulated drugs into places of detention
(a) No person shall knowingly carry or introduce or cause to be carried or introduced
into a lockup, jail, prison, or correctional facility:
(1) alcohol or alcoholic beverages;
(2) cannabis;
(3) a regulated drug, other than cannabis, as defined in section 4201 of this title, except upon the prescription or direction of a practitioner as that term is defined
in 26 V.S.A. chapter 36; or
(4) tobacco or tobacco products, except that an employee may possess or store tobacco
or tobacco products in a locked automobile parked on the correctional facility grounds,
store tobacco or tobacco products in a secure place within the correctional facility
that is designated for storage of employee tobacco, and possess tobacco or tobacco
products in a designated smoking area.
(b) A person who violates subdivision (a)(1) of this section shall be imprisoned not more
than three months or fined not more than $300.00, or both.
(c) A person who violates subdivision (a)(2) of this section shall be imprisoned not more
than six months or fined not more than $500.00, or both.
(d) A person who violates subdivision (a)(3) of this section shall be imprisoned not more
than one year or fined not more than $1,000.00, or both.
(e) A person who violates subdivision (a)(4) of this section shall be subject to a civil
penalty of not more than $450.00 for the first offense and $900.00 for any subsequent
offense. An action under this subsection shall be brought in the same manner as for
a traffic violation pursuant to 23 V.S.A. chapter 24.
(f) As used in this section, “correctional facility” means any secure or staff-secure
building, enclosure, space, or structure of or supported by the Department and used
for the confinement of persons committed to the custody of the Commissioner of Corrections,
or for any other matter related to such confinement. (Added 2003, No. 54, § 9; amended 2007, No. 64, § 2; 2017, No. 83, § 147.)
§ 4250. Selling or dispensing a regulated drug with death resulting
(a) If the death of a person results from the selling or dispensing of a regulated drug
to the person in violation of this chapter, the person convicted of the violation
shall be imprisoned not less than two years nor more than 20 years.
(b) This section shall apply only if the person’s use of the regulated drug is the proximate
cause of the person’s death. The fact that a dispensed or sold substance contains
more than one regulated drug shall not be a defense under this section if the proximate
cause of death is the use of the dispensed or sold substance containing more than
one regulated drug.
(c)(1) Except as provided in subdivision (2) of this subsection, the two-year minimum term
of imprisonment required by this section shall be served and may not be suspended,
deferred, or served as a supervised sentence. The defendant shall not be eligible
for probation, parole, furlough, or any other type of early release until the expiration
of the two-year term of imprisonment.
(2) Notwithstanding subdivision (1) of this subsection, the court may impose a sentence
that does not include a term of imprisonment or that includes a term of imprisonment
of less than two years if the court makes findings on the record that the sentence
will serve the interests of justice. (Added 2003, No. 54, § 10; amended 2023, No. 125 (Adj. Sess.), § 17, eff. July 1, 2024.)
§ 4251. Repealed. 2003, No. 54, § 11(f).
§ 4252. Knowingly permitting sale of regulated drugs in a dwelling
(a) No person shall knowingly permit a dwelling, building, or structure owned by or under
the control of the person to be used for the purpose of illegally selling a regulated
drug.
(b) [Repealed.]
(c) A person who violates this section shall be imprisoned not more than two years or
fined not more than $15,000.00, or both.
(d) It shall not be a violation of this section if the person who owns or controls the
dwelling, building, or structure takes action to address the unlawful activity. (Added 2007, No. 187 (Adj. Sess.), § 3; amended 2023, No. 23, § 3, eff. May 30, 2023.)
§ 4252a. Unlawful drug activity in a dwelling; flash citation
(a) Except for good cause shown, a person cited or arrested for dispensing or selling
a regulated drug in violation of this chapter shall be arraigned on the next business
day after the citation or arrest if the alleged illegal activity occurred at a dwelling
where the person is not a legal tenant.
(b) Unless the person is held without bail for another offense, the State’s Attorney may
request conditions of release. The court may include as a condition of release that
the person is prohibited from coming within a fixed distance of the dwelling. (Added 2023, No. 125 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 4253. Use of a firearm while selling or dispensing a drug
(a) A person who uses a firearm during and in relation to selling or dispensing a regulated
drug in violation of subdivision 4230(b)(3), 4231(b)(3), 4232(b)(3), 4233(b)(3), 4234(b)(3), 4234a(b)(3), 4235(c)(3), or 4235a(b)(3) of this title shall be imprisoned not more than three years or fined not more than $5,000.00, or
both, in addition to the penalty for the underlying crime.
(b) A person who uses a firearm during and in relation to trafficking a regulated drug
in violation of subsection 4230(c), 4231(c), 4233(c), or 4234a(c) of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or
both, in addition to the penalty for the underlying crime.
(c) For purposes of this section, “use of a firearm” includes:
(1) using a firearm while selling or trafficking a regulated drug; and
(2) the exchange of firearms for drugs, and this section shall apply to the person who
trades a firearm for a drug and the person who trades a drug for a firearm.
(d) Conduct constituting the offense of using a firearm while selling or trafficking a
regulated drug shall be considered a violent act for the purposes of determining bail. (Added 2011, No. 121 (Adj. Sess.), § 5; amended 2023, No. 138 (Adj. Sess.), § 9, eff. May 30, 2024.)
§ 4254. Reporting a drug overdose; immunity from liability
(a) As used in this section:
(1) “Drug overdose” means an acute condition resulting from or believed to be resulting
from the use of a regulated drug that a layperson would reasonably believe requires
medical assistance. For purposes of this section, “regulated drug” shall include alcohol.
(2) “Medical assistance” means professional services provided to a person experiencing
a drug overdose by a health care professional licensed, registered, or certified under
State law who, acting within his or her lawful scope of practice, may provide diagnosis,
treatment, or emergency services for a person experiencing a drug overdose.
(3) “Seeks medical assistance” shall include providing care to someone who is experiencing
a drug overdose while awaiting the arrival of medical assistance to aid the overdose
victim.
(b) A person who, in good faith and in a timely manner, seeks medical assistance for someone
who is experiencing a drug overdose shall not be cited, arrested, or prosecuted for
a violation of this chapter or cited, arrested, or prosecuted for procuring, possessing,
or consuming alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years
of age pursuant to 7 V.S.A. § 658(a)-(c).
(c) A person who is experiencing a drug overdose and, in good faith, seeks medical assistance
for himself or herself or is the subject of a good faith request for medical assistance
shall not be cited, arrested, or prosecuted for a violation of this chapter or cited,
arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone
under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years
of age pursuant to 7 V.S.A. § 658(a)-(c).
(d) A person who seeks medical assistance for a drug overdose or is the subject of a good
faith request for medical assistance pursuant to subsection (b) or (c) of this section
shall not be subject to any of the penalties for violation of 13 V.S.A. § 1030 (violation of a protection order), for a violation of this chapter or 7 V.S.A. § 656, for being at the scene of the drug overdose or for being within close proximity
to any person at the scene of the drug overdose.
(e) A person who seeks medical assistance for a drug overdose or is the subject of a good
faith request for medical assistance pursuant to subsection (b) or (c) of this section
shall not be subject to any sanction for a violation of a condition of pretrial release,
probation, furlough, or parole for a violation of this chapter or 7 V.S.A. § 656 for being at the scene of the drug overdose or for being within close proximity to
any person at the scene of the drug overdose.
(f) The act of seeking medical assistance for or by someone who is experiencing a drug
overdose shall be considered a mitigating circumstance at sentencing for a violation
of any other offense.
(g) The immunity provisions of this section apply only to the use and derivative use of
evidence gained as a proximate result of the person’s seeking medical assistance for
a drug overdose, being the subject of a good faith request for medical assistance,
being at the scene, or being within close proximity to any person at the scene of
the drug overdose for which medical assistance was sought and do not preclude prosecution
of the person on the basis of evidence obtained from an independent source.
(h) A person who seeks medical assistance for a drug overdose pursuant to subsection (b)
or (c) of this section shall not be subject to the provisions of subchapter 2 of this
chapter concerning property subject to forfeiture, except that prima facie contraband
shall be subject to forfeiture.
(i) Except in cases of reckless or intentional misconduct, law enforcement shall be immune
from liability for citing or arresting a person who is later determined to qualify
for immunity under this section.
(j) To encourage persons to seek medical assistance for someone who is experiencing an
overdose, the Department of Health, in partnership with entities that provide education,
outreach, and services regarding substance use disorder, shall engage in continuous
efforts to publicize the immunity protections provided in this section. (Added 2013, No. 71, § 2, eff. June 5, 2013; amended 2013, No. 195 (Adj. Sess.), § 17; 2017, No. 83, § 148; 2023, No. 178 (Adj. Sess.), § 7, eff. June 17, 2024; 2023, No. 125 (Adj. Sess.), § 19, eff. July 1, 2024.)
§ 4255. Repealed. 2023, No. 53, § 133, eff. June 8, 2023.
(Added 2015, No. 173 (Adj. Sess.), § 14; amended 2017, No. 113 (Adj. Sess.), § 84; 2019, No. 82, § 6; 2021, No. 115 (Adj. Sess.), § 2, eff. July 1, 2022; repealed by 2023, No. 53, § 133, eff. June 8, 2023.)
§ 4256. Overdose prevention centers
(a) An overdose prevention center:
(1) provides a space, either at a fixed location or a mobile facility, supervised by health
care professionals or other trained staff where persons who use drugs can consume
preobtained drugs and medication for substance use disorder;
(2) provides harm reduction supplies, including sterile injection supplies; collects used
hypodermic needles and syringes; and provides secure hypodermic needle and syringe
disposal services;
(3) provides drug-checking services;
(4) answers questions on safer consumption practices;
(5) administers first aid, if needed, and monitors and treats potential overdoses;
(6) provides referrals to addiction treatment, medical services, and social services;
(7) educates participants on the risks of contracting HIV and viral hepatitis, wound care,
and safe sex education;
(8) provides overdose prevention education and distributes overdose reversal medications,
including naloxone;
(9) educates participants regarding proper disposal of hypodermic needles and syringes;
(10) provides reasonable security of the program site;
(11) establishes operating procedures for the program as well as eligibility criteria for
program participants; and
(12) trains staff members to deliver services offered by the program.
(b) The Department of Health, in consultation with stakeholders and health departments
of other jurisdictions that have overdose prevention centers, shall develop operating
guidelines for overdose prevention centers not later than September 15, 2024. The
operating guidelines shall include the level of staff qualifications required for
medical safety and treatment and referral support and require an overdose prevention
center to staff trained professionals during operating hours who, at a minimum, can
provide basic medical care, such as CPR, overdose interventions, first aid, and wound
care, as well as have the ability to perform medical assessments with program participants
to determine if there is a need for emergency medical service response. Overdose prevention
center staff may include peers, case managers, medical professionals, and mental health
counselors.
(c)(1) The following persons are entitled to the immunity protections set forth in subdivision
(2) of this subsection for participation in or with an approved overdose prevention
center that is acting in the good faith provision of overdose prevention services
in accordance with the guidelines established pursuant to this section:
(A) an individual using the services of an overdose prevention center;
(B) a staff member, operator, administrator, or director of an overdose prevention center,
including a health care professional, manager, employee, or volunteer; or
(C) a property owner, lessor, or sublessor on the property at which an overdose prevention
center is located and operates;
(D) an entity operating the overdose prevention center; and
(E) a State or municipal employee acting within the course and scope of the employee’s
employment.
(2) Persons identified in subdivision (1) of this subsection shall not be:
(A) cited, arrested, charged, or prosecuted for unlawful possession of a regulated drug
in violation of this chapter or for attempting, aiding or abetting, or conspiracy
to commit a violation of any of provision of this chapter;
(B) subject to property seizure or forfeiture for unlawful possession of a regulated drug
in violation of this chapter;
(C) subject to any civil liability or civil or administrative penalty, including disciplinary
action by a professional licensing board, credentialing restriction, contractual liability,
or medical staff or other employment action; or
(D) denied any right or privilege.
(3) The immunity provisions of subdivisions (2)(A) and (B) of this subsection apply only
to the use and derivative use of evidence gained as a proximate result of participation
in or with an overdose prevention center. Entering, exiting, or utilizing the services
of an overdose prevention center shall not serve as the basis for, or a fact contributing
to the existence of, reasonable suspicion or probable cause to conduct a search or
seizure.
(4) The immunity provisions in subdivision (2)(C) of this subsection shall not apply to:
(A) an individual using the services of an overdose prevention center if the basis for
the civil claim is that the person operated a motor vehicle in violation of 23 V.S.A. § 1201; or
(B) claims unrelated to the provision of overdose prevention services.
(d) An entity operating an overdose prevention center shall make publicly available the
following information annually on or before January 15:
(1) the number of program participants;
(2) deidentified demographic information of program participants;
(3) the number of overdoses and the number of overdoses reversed on- site;
(4) the number of times emergency medical services were contacted and responded for assistance;
(5) the number of times law enforcement were contacted and responded for assistance; and
(6) the number of participants directly and formally referred to other services and the
type of services.
(e) An overdose prevention center shall not be construed as a health care facility for
purposes of chapter 221, subchapter 5 of this title. (Added 2023, No. 178 (Adj. Sess.), § 1, eff. June 17, 2024.)
§ 4257. Prevention and treatment of opioid-related overdoses
(a) As used in this section:
(1) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter
23 or 33, a physician assistant licensed to prescribe and dispense prescription drugs
pursuant to 26 V.S.A. chapter 31, an advanced practice registered nurse authorized
to prescribe and dispense prescription drugs pursuant to 26 V.S.A. chapter 28, or
a pharmacist licensed pursuant to 26 V.S.A. chapter 36.
(2) “Opioid antagonist” means a drug that, when administered, negates or neutralizes in
whole or part the pharmacological effects of an opioid in the body.
(3) “Victim” means the person who has overdosed on an opioid or who is believed to have
overdosed on an opioid.
(b) For the purpose of addressing prescription and nonprescription opioid overdoses in
Vermont, the Department shall develop and implement a prevention, intervention, and
response strategy, depending on available resources, that shall:
(1) provide educational materials on opioid overdose prevention to the public free of
charge;
(2) increase community-based prevention programs aimed at reducing risk factors that lead
to opioid overdoses;
(3) increase timely access to treatment services for opioid users, including medication
for opioid use disorder;
(4)(A) educate substance use treatment providers on methods to prevent opioid overdoses;
(B) provide education, information, and training on overdose prevention, intervention,
and response, including the status of legal possession of substances and harm reduction
supplies, to individuals living with opioid use disorder and participating in needle
and syringe exchange programs, recovery programs, residential substance use disorder
treatment programs, or correctional services;
(5) implement and expand hospital referral services for individuals treated for an opioid
overdose;
(6) develop a statewide opioid antagonist program that emphasizes access to opioid antagonists
to and for the benefit of individuals with opioid use disorder;
(7) distribute opioid antagonists to assist those at risk of experiencing an opioid-related
overdose; and
(8) establish opioid antagonist dispensing kiosks in locations accessible to those at
risk of experiencing an opioid-related overdose.
(c)(1) A health care professional acting in good faith and within the professional’s scope
of practice may directly or by standing order prescribe, dispense, and distribute
an opioid antagonist to the following persons:
(A) a person at risk of experiencing an opioid-related overdose; or
(B) a family member, friend, or other person in a position to assist a person at risk
of experiencing an opioid-related overdose.
(2) A health care professional who prescribes, dispenses, or distributes an opioid antagonist
in accordance with subdivision (1) of this subsection shall be immune from civil or
criminal liability with regard to the subsequent use of the opioid antagonist, unless
the health professional’s actions with regard to prescribing, dispensing, or distributing
the opioid antagonist constituted recklessness, gross negligence, or intentional misconduct.
The immunity granted in this subdivision shall apply whether or not the opioid antagonist
is administered by or to a person other than the person for whom it was prescribed.
(d)(1) A person may administer an opioid antagonist to a victim if the person believes, in
good faith, that the victim is experiencing an opioid-related overdose.
(2) A person shall be immune from civil or criminal liability for administering an opioid
antagonist to a victim pursuant to subdivision (1) of this subsection unless the person’s
actions constituted recklessness, gross negligence, or intentional misconduct. The
immunity granted in this subdivision shall apply whether or not the opioid antagonist
is administered by or to a person other than the person for whom it was prescribed.
(e) A person acting on behalf of a community-based overdose prevention program or a licensed
pharmacist shall be immune from civil or criminal liability for providing education
on opioid-related overdose prevention or for purchasing, acquiring, distributing,
or possessing an opioid antagonist unless the person’s actions constituted recklessness,
gross negligence, or intentional misconduct.
(f) Any health care professional who treats a victim and who has knowledge that the victim
has been administered an opioid antagonist within the preceding 30 days shall refer
the victim to professional substance use disorder treatment services. (Added 2013, No. 75, § 17; amended 2015, No. 38, § 25, eff. May 28, 2015; 2023, No. 22, § 4, eff. May 25, 2023; renumbered from 18 V.S.A. § 4240 by 2023, No. 178 (Adj. Sess.), § 8, eff. June 17, 2024.)
§ 4258. Overdose prevention; drug-checking for contaminant detection
(a) Notwithstanding any other provision of law, it shall not be a violation of this chapter
for an approved drug-checking service provider to receive, possess, transport, or
store samples of a substance that may contain a regulated drug solely for purposes
of analyzing the substance to determine its chemical composition and disseminate information
regarding the analysis to the provider of the substance.
(b) On-site approved drug-checking service providers shall be permitted to:
(1) collect voluntarily provided residual samples of substances potentially containing
regulated drugs, possess, transport, or store samples of a regulated drug solely for
purposes of analyzing the substances to determine its chemical composition as a lifesaving
intervention;
(2) use any available technologies to analyze the contents of samples to obtain timely,
highly accurate information regarding the composition of drugs to prevent overdose
and mitigate health risks;
(3) provide results of analysis obtained from drug-checking technology to the person requesting
drug services;
(4) disseminate data containing only the results of analysis and containing no personally
identifiable information to community members at risk of overdose; and
(5) if necessary, arrange for a sample of a drug or substance to be tested by an approved
laboratory.
(c) In operating any drug-checking service, personally identifiable information may be
collected from a person providing a controlled substance to an approved drug-checking
service provider only as necessary to communicate drug-checking results to the person.
Personally identifiable information collected solely for the purposes of communicating
drug-checking results shall not be retained or shared by an approved drug-checking
service provider.
(d) An employee, contractor, volunteer, or other person acting in the good faith provision
of drug-checking services and acting in accordance with established protocols shall
not:
(1) be subject to arrest, charge, or prosecution for a violation pursuant to this chapter,
including for attempting to, aiding and abetting in, or conspiracy to commit a violation
of this chapter;
(2) have their property subject to forfeiture, any civil or administrative penalty, or
liability of any kind, including disciplinary action by a professional licensing board,
credentialing restrictions, contractual or civil liability, or medical staff or other
employment action; or
(3) be denied any right or privilege for actions, conduct, or omissions relating to the
operation of a drug-checking service in compliance with this chapter and any rules
adopted pursuant to this chapter.
(e) An individual possessing a regulated substance and who provides any portion of the
substance to an approved drug-checking service provider pursuant to this section for
purposes of obtaining drug-checking services shall not be subject to arrest, charge,
or prosecution for possession of a regulated substance pursuant to this chapter or
civil or administrative penalty or disciplinary action by a professional licensing
board for a violation of this chapter based on the individual’s use or attempted use
of drug-checking services in accordance with this section. The immunity provisions
of this subsection shall apply only to the use and derivative use of evidence gained
as a proximate result of an individual seeking drug-checking services and shall not
preclude prosecution of the individual on the basis of evidence obtained from an independent
source.
(f) Local governments shall not collect, maintain, use, or disclose any personal information
relating to an individual from whom local government receives any drug or substance
for checking or disposal.
(g) The result of a test carried out by an approved drug-checking service provider shall
not be admissible as evidence in any criminal or civil proceeding.
(h)(1) The Department shall provide technical assistance to and develop operating guidelines
for drug-checking service providers.
(2) The Department shall coordinate the collection and dissemination of deidentified data
related to drug-checking services to inform prevention and public health initiatives. (Added 2023, No. 22, § 12, eff. May 25, 2023; renumbered from 18 V.S.A. § 4240a by 2023, No. 178 (Adj. Sess.), § 8, eff. June 17, 2024.)